French v. Howard

Perkins, J.—Suit

upon a promissory note.

Answer, failure of consideration, setting out the facts.

Reply, 1. General denial of the answer; 2. An argumentative denial; 3. An estoppel by former judgment upon the same defense, and in favor of the plaintiff over that defense.

Trial; judgment for the plaintiff.

A demurrer was overruled to the answer of estoppel, and we think rightly. The note sued on here was for the second installment of the purchase-money of real estate. A suit had previously been brought upon the note for the first installment, in which the same facts now relied upon *456as a failure of…