Freitag v. Burke

This was an action on a promissory note executed by the appellant to the appellee. The defendant, Freitag, pleaded:.

1. The general denial.

2. Payment.

3. No consideration for the note.

4. That the defendant before that time had contracted to build a house for one Seitz, for which building Burke had furnished materials for the foundation; that the defendant had executed the note therefor under a misapprehension that he was bound to pay for the same ; but that defendant afterward brought suit against Seitz to recover the amount due for the erection of said house, in which suit it was decreed that…