Martz v. Cook

Appellee sued appellant, alleging that he had executed to her his note for $1,800 as payment for her undivided interest in certain real estate, the property of her husband, Lincoln Cook, who had made an assignment for the benefit of his creditors. She further alleged that her husband wrongfully and without ¿right took possession of said note, and wrongfully and without right, and without her consent, delivered it to appellant, who still holds the same, and that it was due and unpaid. Appellant answered in two paragraphs, — the first a general denial, the second, ■payment. To the second…