J. B. Colt Co. v. Kyzer

. The opinion of the Court was delivered by

Mr. Justice Marion.

“This action was commenced by service of summons and complaint therein upon the defendant on the-day of January, 1922; it is based upon a certain promissory note alleged to have been given to plaintiff by defendant, bearing date of August 4, 1919, and maturing August 4, 1920, in the sum of $233.20. The defendant served his answer on February 5, 1922, setting up that, if the note sued upon was given, same was executed upon the false and fraudulent representations of plaintiff’s agent in respect to a certain lighting plant for which…