Phillips v. Homestake Consolidated Placer Mines Co.

OPINION

By the Court,

Sanders, J.:

This appeal was taken from a judgment entered upon an order sustaining the plaintiff’s demurrer to the defendant’s amended answer. Therefore a question of pleading only is involved.

The action was begun in 1921 on four promissory notes, each dated on July 24, 1920, and each for the sum of $500, payable to the plaintiff and signed by the defendant. The complaint avers four separate causes of action in short form of a complaint on each note. The amended answer admits the execution and delivery of the notes, and alleges as follows:

“As a further defense to the…