Rose v. Wallace

Wallace, as assignee of Lewis & Co., brought an action upon a promissory note against Rose, the maker.

Rose answered in four paragraphs:

1. A general denial, which need not be further noticed.

The fourth paragraph was in substance as follows:

4. That the note was given for sheep; that the payees represented themselves as dealers in sheep, and acquainted with their diseases, and the sheep were sound and free from disease; that defendant was ignorant of the disease called foot-rot; that he relied upon the representations of the payees; that in fact the sheep were diseased with the foot-rot, which…