Sargent & Co. Employees Federal Credit Union v. McElveen

To the plaintiff’s claim based on a promis' sory note, the named defendant has asserted a defense of in' fancy, contending that he was born on July 22, 1927; that he executed and delivered the note on.May 21, 1947, when he was under the age of twenty'one years; and that all payments on the note up to September 5, 1947, were made at a time when he was under the age of twenty'one. This action was instituted by service- completed on October 20, 1948.

• The plaintiff’s demurrer is predicated on the fact that no' where in the special defense is it alleged by the defendant that he disaffirmed the…