Karl v. Maloney

*94The opinion of the court was delivered by

Mason, J.:

F. W. Karl sued John Maloney upon two promissory notes, given to Williams & Ketchersid and by them indorsed to the plaintiff. The defendant answered setting up facts alleged to amount to a failure of consideration and unlawful conduct on the part of the plaintiff in the transaction in the course of which the notes were given, and charging the plaintiff with notice of these defenses. An objection to the introduction of any evidence under the answer — in effect a demurrer to it — was sustained, judgment was rendered for the plaintiff, and the…