Newton Savings Bank v. Howerton

This suit was originally brought by the plaintiff, Newton Savings Bank. The petition declared upon a note and mortgage for $3,000, copies of which were set forth. The defendants filed an answer thereto setting up two affirmative defenses: (1) That the note sued on was wholly without consideration; and (2) that the note had been fraudulently and materially altered since its execution. Later the original plaintiff transferred the note and mortgage sued on in due form to Chester Sloanaker, and filed an amendment to the petition asking that Sloanaker be substituted as plain*679tiff. Such amendment…