Ike K. Howeth v. Dee Davenport

This is a suit on a note in the principal sum of $9,668.47, payable on demand to the order of Dee Davenport, appellee herein, dated April 1, 1947, and signed by Ike K. Howeth, appellant herein, the note allegedly representing a settlement of accounts between the parties, covering a course of dealing for a number of years. The suit was also for the sum of $716.87 on open account made after the execution of the note by Howeth to Davenport. The suit was filed on August 18, 1950. On September 16, 1950, Howeth answered, stating that the note represented no obligation of his, that it was signed with an understanding that it would never be presented for payment and was to be nothing more than a memorandum for Davenports files. Howeth also filed a cross-action in the sum of $164,500. On October 9, 1950, Davenport filed his answer to Howeths cross-action. Thereafter, there was some correspondence between the attorneys for the parties.