Smith v. Interstate Securities Company

JOHNSON, Chief Justice.

The parties herein will be referred to as they appeared in the trial court.

Plaintiff, Interstate Securities Company, a corporation, brought an action against Carl C. Smith to recover the balance on a promissory note. Defendant for his answer to plaintiff’s petition stated that he had theretofore paid the obligation sued upon by the plaintiff and that same was fully paid prior to the filing of plaintiff’s petition and prayed that plaintiff take nothing. Plaintiff demurred to the answer on the grounds that it did not state fácts sufficient to constitute a defense in favor…