The Archive · 1921

The Prior Indebtedness

It is, therefore, needless to quire as to the alleged prior debtedness between these parties.

may even conceded that such indebtedness might have afforded a consideration for the note had it been voluntarily executed; but since it is admitted that the note would not have been signed but for defendant's refusal otherwise to surrender the docu-merits there can be no recovery on that instrument. If there ix any other indebtedness it must be enforced independently.

The Clerk is, therefore, directed to deliver to plaintiff any documents held by virtue of the stipulation between, the parties and also the deposit made thereunder less the sum of $455.18 Mex. agreed upon as "the amount due defendant for payments made to secure documents" and plaintiff is further awarded judgement for costs.

Text read from the printed page and cleaned; old type leaves the occasional error.

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