Citizens' National Bank v. Hawkins

The opinion of the Court was delivered by

Mr. Justice Stabler.

The appeals in these two cases were heard together, and were taken from orders of the Circuit Judge sustaining plaintiff’s demurrers to the -'second and third counterclaims set up by the defendant in his answer in each of the actions.

These actions are on promissory notes, assigned to the plaintiff by the People’s National Bank of Prosperity, on each of which the defendant is sued either as maker or as indorser.

The defendant sets up a number of affirmative defenses by way of counterclaims, which are the same in each action. The…