HOLLAND, Justice.
Plaintiff in error, as plaintiff, on July 9, 1953, filed his complaint in this action alleging as a first claim that on May 7, 1952, he borrowed the sum of $3,500 from defendant, signing a note for $3,850 with interest at the rate of ten per cent per annum due July 7, 1952. July 9, 1952, he alleges that he paid defendant $3,946.27 and received the note marked "Paid." As a second claim, he alleged that on July 9, 1952, he executed a new promissory...
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