Rogers v. Southern Fertilizer & Chemical Co.

This was a suit upon a promissory note. The defendant pleaded, among other things, that the note had been delivered conditionally, in renewal of an old note held by the plaintiff against him. The defendant’s answer, in paragraph 12, as amended, alleged: That plaintiff is not entitled to recover on said note for the additional reason that when he delivered the same to said' agent for said plaintiff, said agent assured your defendant that he would return to your defendant the old note hereinabove referred to, and your defendant executed said note and delivered same to said agent for plaintiff…