Columbia National Bank v. Western Iron & Steel Co.

The opinion of the court was delivered by

D.unbar, J.

The first count of the complaint alleged simply that the plaintiff was a national banking association, and that the defendant was a domestic corporation. The second count alleged the execution of the note in controversy, by the defendant: and the third, that no part of the same had been paid, and that the same was wholly due. The allegations of the direct answer were as follows: “(1). Defendant admits the allegations of paragraphs one and two thereof; (2) Defendant denies each and every allegation in paragraph three thereof contained; ” and…