Hickman-Lunbeck Grocery Co. v. Hager

Action by the payee against the makers of promissory notes.

In the first defense of the answer is a general denial of execution, delivery and consideration. The second defense on its face purports to be an affirmative defense of a delivery on a condition unfulfilled, and blended therewith is what counsel for defendants contends is a separate affirmative defense of absence of consideration. The trial was to a jury, which returned a verdict for the defendants, on which was rendered a judgment dismissing the action.

This judgment must be reversed for the following reasons:

1. In its rulings on the…