SWYERS v. RUSSELL

No. 32895.

426 S.W.2d 743 (1968)

Otto H. SWYERS and Marion Young, Executors of the Estate of Lou Ella Blackburn, Deceased, Plaintiffs-Respondents, v. Charles B. RUSSELL, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

March 19, 1968.


Attorney(s) appearing for the Case

David K. Breed, St. Louis, for appellant.

Echeal T. Feinstein, St. Louis, for respondents.


CLEMENS, Commissioner.

Plaintiff executors sued the defendant on a $2,000 promissory note he had given the decedent. The defendant admitted he had executed the note but pleaded it had been "paid, forgiven or compromised." When the defendant rested his case the court concluded that the defendant had not produced sufficient evidence to support his affirmative defenses and it directed a verdict and entered judgment for the...

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