Henry v. McCardell

WILLIAMS, Associate Justice.

Appellee sued appellant upon a promissory note, and recovered the judgment from which this appeal is taken. The questions are raised upon the ruling of the court sustaining exceptions to the answer.

The answer alleged that, prior to the giving of the note, plaintiff was a merchant, owning a stock of goods and carrying on business; that he had previously often offered to sell his stock to defendant on credit, and, at the date the note sued on was executed, renewed his offer; that defendant, being poor and having no means and no credit or commercial rating, for that…