Stewart v. Anderson

— Suit by Anderson, the payee, against Stewart, the maker, upon a promissory note.

Answer in three paragraphs :

1. That the note was delivered to the agent of the payee as an escrow, and its absolute delivery had never been authorized ;

2. A want of consideration as to two hundred and fifty dollars of the note; and,

3. Substantially the same as the second.

A demurrer was sustained to the first paragraph. Issues, by reply, upon the second and third. Trial by the court. Special finding of facts, and conclusions of law thereon. Exception was duly taken to the conclusions of law, was overruled, and…