Hoagland, Allum & Co. v. Allan-Norman Holding Corp.

The plaintiff appeals from a judgment dismissing the complaint and granting judgment to the defendant upon its counterclaim. The questions presented by this appeal are: First, whether, in an action upon a non-negotiable promissory note the making and delivery of which is admitted by the defendant, the latter is entitled to the admission of evidence in support of a defense alleging that the note was to have no inception unless and until the defendant should refuse to make and deliver a certain mortgage pursuant to an oral agreement to make like loans over a period of five years of which the…