[DOWNLOAD] "Stender v. Cunningham" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Stender v. Cunningham
- Author : Colorado Supreme Court
- Release Date : January 06, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Defendant answered, admitting the execution of the first note; that it was marked "Paid;" that the payment was with the consideration plaintiff received from the execution of the second note; alleged that the second note was later paid; and denied every other allegation of the complaint. Defendant then affirmatively set forth that on July 9, 1952, plaintiff executed a release for "$5.00 and other good and valuable consideration," in which he discharged defendant from all actions, causes of action, claims or demands whatsoever owing under the statute above referred to, arising out of the loan transaction between plaintiff and defendant. In reply plaintiff alleged the inadequacy of the consideration for the release which was executed under threats by defendant; that the release was in violation of the statute and public policy and therefore was void; further that if the release had any effect at all it was only to discharge defendant of the liability then existing; that defendant subsequently overcharged plaintiff in the second note, because a part of the second note represented an overcharge on the first note.