Wheelock v. Barney

Samuel Barney and Bueius Barney sued Wheeloek and McKay, the appellants, on a promissory note. The defendants answered that “the note was given without any consideration whatever.” Eeplication in denial. Trial by the court; finding for the plaintiffs; motion for anew trial overruled, and judgment.

The defendants filed with their answer the following interrogatory to the plaintiffs, to be answered under oath, viz: “What was the consideration for the note mentioned in your complaint in the above entitled cause? State the items and their value fully and clearly.” Lucius Barney, one of the…