Anderson v. Cheely

Felton, Chief Judge.

1. In an action to recover on a combination note and conditional sale contract a plea and answer setting forth that the plaintiff-vendor took possession of the automobile described in the contract about seven months prior to the filing of the plea and that so far as defendant knew the automobile was still in the possession of the plaintiff and that the plaintiff had given defendant no credit on the note sued on set forth a good defense, at least in part, as against a general demurrer. These allegations necessarily meant that one of two things was true: (1) that the…