Slipher v. Earhart

Franklin, C.

This is an action brought on two promis•sory notes, executed by appellant to the Lafayette, Muncie •and Bloomington Railroad Company, and assigned to George Earhart, who died. The suit was brought by his administrator.

*174The only question raised upon the pleadings is in relation to the sustaining of a demurrer to the fifth paragraph of the answer.

This paragraph in the answer sets forth that the notes were executed on the 2d day of February, 1872, and were given for and in consideration that on the 25th day of January, 1870, said defendant had entered into a written contract, by which…