Consolidated Mercantile Co. v. Falls City Clothing Co.

The plaintiff sued upon four promissory notes, seeking to recover principal, interest, and attorney’s fees. The defendant filed an answer, denying any indebtedness upon the notes sued upon, but alleging that if it were indebted to the plaintiff in any amount it was upon an open account. The answer admitted that the notes sued upon had been given in satisfaction of the open account, but the defendant alleged that a prior suit had been filed upon the open account, and that, the plaintiff then being in possession of the notes, the defendant pleaded to the first suit that the notes had been given…