Rice v. Derby

Derby sued Rice, Line and Biddle, upon a promissory note for the payment of 333 dollars. The note was executed by Rice, on the 18th of June, 1853, payable to lane, at twelve months, at the Wabash Valley Bank, and indorsed by him to Biddle, who indorsed it to Derby. It is alleged that the note had been protested; but neither the protest, nor a copy of it, was filed with the complaint. For this reason, Rice and Line demurred; but their demurrer was overruled.

*650Biddle was defaulted. The other defendants answered.

Rice, in his answer, alleges, 1. That the note is without consideration. 2. That it…