Deerfield State Bank v. Coerber

The opinion of the court was delivered by

Mason, J.:

The Deerfield State Bank sued W. O. Coerber upon a note. In his answer he undertook to set out two defenses — an extension of time of payment and a cross-demand for damages for a wrongful attachment in the same action. A reply was filed consisting of a general denial. Upon the case being called for trial the plaintiff moved for judgment in its favor upon the pleadings. The motion was sustained and the defendant appeals.

The defendant pleaded that before he executed the note to the bank it promised that he should not be required to pay the *499indeb…