R.K. Call v. Jeter

R.K. Call v. Jeter

Lower Court

  • Leon County


  • 1843


  • 3


  • 33


his attorney and filed his demurrer to the 3[rd] & fourth pleas which ??? is in the words ???

Baltzell pffs atty

Replication withdrawn

And said defendants Walker and Call protesting as aforesaid &c &c because they say that the consideration of said note was the sum of fourteen thousand dollars in the bills of the Union Bank of Florida received by said defendants from said [?] Lorimer agent as aforesaid and that there was an express agreement contract and understanding between said Lorimer and said defendants at the time aforesaid that said note was to be paid by same number of dollars in the bill of said Bank with the accumulating interest thereon in the same bill and that after said note became due, to wit, on the day of said defendant paid to said Fauntleroy seven thousand dollars of said debt and was ready and prepared and willing to pay said Fauntleroy the remainder of the principal of said debt but that said Fauntleroy then and there extended the time of the payment of the residue of said note until it should be demanded by said Fauntleroy and that the time of payment was never fixed by said Fauntleroy by a demand or otherwise during his life and that no demand has ever been made from the time of said last mentioned agreement up to the institution of this suit for the payment of said note in the funds in which by said agreement said note was payable and said defendants further aver that said Fauntleroy this life before the institution of this suit with said note in his possession and this they are ready &c &c