Eder v. Nelson

Plaintiff, alleging that he executed a ten thousand dollar note without consideration for the sole purpose of providing defendant husband, the payee thereof, with negotiable paper, brought this action for reimbursement after having been required to pay to the holder the face amount of the note with interest.

A demurrer to the amended complaint on the ground that it failed to state facts sufficient to constitute a cause of action was overruled, and defendants answered, denying plaintiff’s allegations. As a separate and further defense, they alleged that the defendant husband and plaintiff were…