Luebbert v. Simmons

Mary Simmons (defendant), who frequently borrowed money from her boyfriend Charles Luebbert (plaintiff) while living with him, insisted on signing a promissory note during drinks in March 1995 promising to repay $12,200 plus 10 percent interest by year-end, after Luebbert expressed doubt she would ever repay him; she wrote a second, neater copy of the identical note weeks later, and after moving out, wrote two $1,000 checks to Luebbert that she later stopped payment on. Luebbert sued to enforce the note, the trial court awarded him the principal plus interest and costs, and Simmons appealed, arguing she was drunk and joking when she signed, negating any meeting of the minds.