Hahn v. Kroll

— The plaintiffs brought this action on a promissory note executed by defendant, Kroll, doing business as Arthur H. Kroll Lumber Company. Kroll only was served, and he answered, admitting the execution of the note. By way of affirmative defense, however, he alleged that the note had been paid. He alleged that he had made an assignment for the benefit of creditors; that plaintiffs had agreed to the assignment, waiving all personal claims against him; and that they had accepted dividends paid by the assignee.

Replying to the affirmative matter set up in the answer, plaintiffs admitted the…