Holmes v. Durant Nursery Co.

This is an appeal from a judgment of the district court of Bryan county. The parties will be referred to as they appeared in the trial court, the defendant in error as plaintiff, and the plaintiff in error as defendant.

Plaintiff instituted suit against the defendant on a promissory note, on which the defendant was the maker and the plaintiff the payee. The petition is the usual pleading on a past-due promissory note. The defendant answered by qualified general denial, and pleaded further that he received no consideration for the note, saying that at or prior to the date of the note the…