Lally v. Johnson

These are three actions on promissory notes, upon which defendant L. D. Johnson appeared either as maker or indorser. In all of the actions, he interposed an identic affirmative defense and cross-complaint. The causes were consolidated for trial.

Plaintiff offered the notes in evidence, with proof of execution or indorsement by Johnson, and established the amounts due. Defendant submitted evidence in support of his affirmative defense and cross-complaint. At the close of defendant’s evidence, the court sustained challenges to its sufficiency. Findings were made sustaining plaintiff’s right to…