Gray v. Johnson

The opinion of the court was delivered by

Hoch, J.:

This was an action for judgment on a promissory note for $725 and for foreclosure of a mortgage on real estate given as security for the note. In his answer the defendant alleged absence of consideration for the note and mortgage and false representations in securing his signature thereto, but in the trial relied upon a defense of partial failure of consideration. The matter was tried before a jury, which found for the plaintiff in the sum of $233.04, for which amount judgment was entered together with foreclosure to the extent of the…