Cumberland Co-Operative Bakeries Inc. v. Lawson

Lively, Judge :

These two cases will be considered in one opinion, as the questions for decision are practically identical in each case.'

Plaintiff proceeded by way of notice of motion for judgment against the defendants on notes executed by them. The Fisher note is for the sum of $300.00, dated July 1, 1920; and the Lawson note for $750.00, dated June 23, 1920. Each defendant pleaded nil debit; and each tendered special plea *247No. One, wMcli the court would not permit filed; Fisher tendered and was permitted to file, over objection of plaintiff, his two special pleas Nos. 2 and 3; and Lawson…