Wheelock v. Hondius

This action is by Hondius payee, against Wheelock maker, of a promissory note. The answer admits that defendant and his son Frank signed this note, but denies that there was any consideration for it, and denies that it was delivered by the defendant to the plaintiff. The second and affirmative defense purports to set up a conditional delivery, which the plaintiff denominates an attempt by oral testimony, to contradict and vary the terms of the written note. The plaintiff’s general demurrer to the affirmative defense was overruled, and upon a trial before a jury and at the close of the…