Coldiron v. McKenzie

This is an action on a promissory note executed by defendant. Defendant appeals from a judgment for plaintiff. Plaintiff and defendant entered into a partnership for the purpose of mining gold. The venture failed. Defendant contends that the note in this action was a part of a series of transactions relating to the adjustment of the respective interests of plaintiff and defendant in the defunct partnership after the mining venture had failed.

In response to plaintiff’s complaint, defendant’s answer admits the execution of the note, but interposes four affirmative defenses: (1) that there was…