Dessar v. Gunther

The action is on two promissory notes made by the defendant to the plaintiff’s order. The complaint, in the usual form, alleges the making and delivery of the notes for a valuable consideration, and non-payment. -The answer does not deny any of the allegations of the complaint except the allegations of indebtedness “ that there is now due and owing to plaintiff by said defendant ” the respective amounts of the notes, with interest. The answer also sets up certain matters which, although not expressly designated as a counterclaim, have been treated as such by the plaintiff, who served a reply…