Ross v. Cook

CODY, Justice.

This is a suit on a promissory note for the principal sum of $2,500 brought by ap-pellee, who will hereinafter be referred to as plaintiff, against appellant, hereinafter referred to as defendant. The note was executed by defendant on August 25, 1937. The payee named in the note was Howard R. Millett. Plaintiff acquired the note for value and in good faith, but after its maturity, and was not a holder in due course.

Defendant pled by way of defense, in addition to a general demurrer, special exceptions, and a general denial, a sworn plea that: (1) There was an entire want of…