Horton v. Arnold

By the Court,

Cole, J.

This is an appeal from an order striking out a portion of the answer for immateriality and redundancy. There can be no doubt that the objection to the answer was well taken. The action was brought upon a chattel note which had been transferred to the plaintiff. That portion of the answer stricken out stated that the consideration of the note had failed, and that the same was transferred after it became due. The defense of failure of consideration had been previously set up in the answer. The only new fact stated in that portion of the answer stricken out was, that the…