Elder v. Smith

Hanna, J,

Smith, assignee of Smith, sued Elder on two promissory notes. Answer: 1. Payment. 2. Set-off. 3. That *467the indorsement by the payee to the plaintiff was without consideration, and for the purpose of avoiding answers to interrogatories—the payee’s residence and location being uncertain and difficult to find, so as to take his deposition—and that plaintiff has no interest in said notes. Demurrer to the said third paragraph sustained. We are of opinion that there was no error in this ruling.

It is often exceedingly difficult, in view of the many shades of decision upon the question, to…