Ford Motor Co. v. Sweeten Automobile Co.

Opinion by

Mr. Justice Simpson,

Plaintiff sued to recover the amount of two promissory notes executed by defendant to the order of plaintiff, as follows: One for $4,500 dated February 3,1924, payable November 5, 1924, and the other for $2,300 dated March 3,1924, payable December 3,1924. In its affidavit of defense, defendant evasively denies liability on the notes, ánd in its counterclaim avers that plaintiff is liable to it in the sum of $227,424.22, on a cause of action therein detailed. During the trial, defendant abandoned its de nial of liability on the notes, and continuously thereafter…