Barnhill v. Ow

The opinion of the court was delivered by

Wedell, J.:

This was an action on a promissory note. Defendant prevailed, and plaintiffs appeal.

Defendant admitted execution and delivery of the note, but de*697fended on the ground the note was given without consideration, solely for the accommodation of the plaintiff payees and upon the representation he would not be required to pay the note or any part thereof. The answer further pleaded the representations made by the payees were fraudulent, untrue and false, and were made for the sole purpose of persuading and inducing him to execute the note, that he…