National Exchange Bank v. Berry

Apellant, plaintiff below, instituted this suit to recover of appellees on five promissory notes executed by Henrietta M. Berry to her co-appellee, and by him indorsed before maturity to appellant as collateral security for two promissory notes executed by appellee McMillen to appellant for borrowed money. Appellee Henrietta M. Berry answered in five paragraphs: (1) A. general denial; the others pleading *262fraud, want of consideration and set-off. Appellant replied (1) by general denial; (2) setting up a consideration on part of appellant, and alleging that appellant had no notice of any fraud,…