RICKETTS V. SCOTHORN 57 Neb. 51, 77 N.W. 365 (1898). CASE BRIEF

RICKETTS V. SCOTHORN

57 Neb. 51, 77 N.W. 365 (1898)

NATURE OF THE CASE: Ricketts (D), executor, sought review of the judgment in favor of Scothorn (P), payee, in an action based upon a promissory note made by the decedent.

FACTS: Katie Scothorn (P) worked as a bookkeeper. P's grandfather went to the store where P worked and offered her a promissory note for $2,000 at 6% per annum on demand so that she would not have to work. P immediately notified her employer of her intention to quit work and quit soon thereafter. After a year, P obtained another position as a bookkeeper with her grandfather's assent and assistance. P's grandfather died two years later after paying only one year's interest on the note. Shortly before his death, the grandfather had expressed regret that he had not been able to pay the balance and had stated that if he could sell his Ohio farm he would pay the note out of the proceeds. Ricketts (D), the executor of the estate, refused to pay. P filed suit. D argued that there was no consideration for the note. D appealed from a judgment for P.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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