Eureka Bank v. Bay

The opinion of the court was delivered by

Burch, J.:

The action in the district court was instituted on November 8, 1910, for the purpose of obtaining judgment against the defendants on two promissory notes given by them to the plaintiff on November 28, 1905, and for the foreclosure of two real-estate mortgages securing payment of the notes. The answer of the defendants was filed on January 17,1911. It alleged that the instruments were given under duress practiced by an agent of. the plaintiff. The facts stated in the answer were asserted both by way of a defense to the petition and as a 'cause…