Cochran v. Oliver

Opinion by

HANEY, 0.

Defendants in error rely on section 4078, Rev. Laws 1910, (section 7098, Comp. Stat. 1921), which reads as follows:

“Failure of Consideration as Defense. Absence or failure of consideration is matter of defense as against any person not a holder in due course, and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise.”

Fnder this action the matters 'attempted br be set up in the answer as a defense to the-' note sued on would be available if they were properly pleaded, but the answer is fatally…