Terry v. Hammond
Synopsis
Promissory Note—Contemporaneous Agreement as a Defense.—Where, in an action upon a promissory note which was dated November 20th, 1876, and upon its face matured six months after date, the answer alleged that the note was given in payment of a balance of the purchase price of a business sold by the plaintiff to the defendants, and that at the time of 'the making of the note the parties agreed in writing that the payment covered by the note (without mentioning the note) should not bear interest for the first six months, nor be due in fact until eighteen months after date: held, that the defense was valid.
By the COURT: The fifth and sixth subdivisions of the amended answer, and Exhibit A referred to therein, presented a valid defense to the action, and the Court below erred in striking out those" portions of the answer and in sustaining the demurrer thereto. ,
Judgment reversed, and cause remanded, with an order to the Court below to set aside the order striking out those portions of the amended answer, and to overrule the demurrer thereto. Remittitur forthwith.
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