Shirk v. Neible

Foreclosure by appellants as indorsees against the maker of a promissory note governed by the law merchant. Answer in three paragraphs: (1) A general denial; (2) no consideration, and (3) fraud and failure of consideration, which went to the entire cbmplaint except as *68to the right of plaintiffs to recover and foreclose ■ as to $100. A demurrer to each the second and third paragraphs of answer was overruled. , Reply that appellants bought the note- before maturity, for value, and without notice of the fraud.

Under repeated decisions of this court the second paragraph of answer is insufficient…