Whitman Realty & Investment Co. v. Day

Plaintiff brought this suit to recover the. balance due on a promissory note, dated May 2, 1924, executed and delivered by the defendant Day, payable six months after date to the order of the Farmers National Bank of Colfax, which, after maturity and for a valuable consideration, it endorsed and delivered to plaintiff. The complaint is in the usual form. Defendant, in his answer, admitted the execution and delivery of the note, and set up three affirmative defenses; fraud and duress, want of consideration, and a collateral oral contemporaneous agreement. Plaintiff, in its reply, denied all…