Columbia Nat. Bank v. Rizer

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an appeal from an order of his Honor, Judge Bonham, sustaining a demurrer interposed by the plaintiff to a certain counterclaim set up by the defendant in his answer. The complaint states two causes of action:(1) The execution and delivery by the Bank of Olar of a note to the plaintiff for $11,000, dated March 2, 1927, and due November 1, 1927, with interest after maturity at 8 per cent. per. annum and attorney’s fees, indorsed by the defendant. Sundry payments are alleged to have been made upon the note, leaving a balance…