Lawrence G. Silver v. B. O. Johnson

This is a suit for the balance due on six promissory notes given in 1951 and March 1952, and for collection fees; brought by plaintiffs-respondents as Liquidating Trustees of the Stewartsville State Bank against defendant-appellant, B. O. Johnson who relied solely on the defense of payment. Defendant asserted that on September 12, 1951, he made two payments in the sums of $1,028.03 and $957.93 respectively by checks drawn on the Stewartsville State Bank. If these two alleged payments were in fact made, the notes in question have been paid and defendant is entitled to a favorable judgment. If they were not made then the trial court's judgment against defendant for $3,202.40, principal and interest, and $320.24 attorneys' fees is to be affirmed.