Sutton v. Hurley

Hurley, the defendant in error, brought a suit against Sutton upon a promissory note. The defendant’s plea and answer was demurred to by the plaintiff, as setting forth no defense, and the court, upon this demurrer, struck the answer and entered judgment by default. The plaintiff in error excepts to the judgment sustaining the demurrer, and to the final judgment upon the note.

The answer of the defendant, in part, attempts to set up a failure of consideration, and asks for damages by way of recoupment. It also attempts to set up that the note is void because it was obtained by duress. It is…