Kohn v. Short

This is a suit on a mortgage note given in part payment of certain lots of ground in this city, by defendant, to which he pleaded the general denial and a failure of consideration.

The evidence shows that plaintiff obtained the note before maturity, and fully establishes his right to recover. Defendant’s counsel, however, objected to going to trial and reserved a bill of exceptions to the refusal of the Court to grant a continuance.

It appears that the cause was regularly fixed for trial for the-third time, on the 18th June, 1860, and plaintiff’s counsel not being present, although in the Court…