Harris v. Hetherwick

Plaintiff instituted this suit on a note executed by S.H. Hetherwick and W.E. Walters for the sum of $880, dated June 11, 1940, due thirty days after date, with eight per cent per annum interest from maturity until paid. The note is made payable to the plaintiff and shows a credit of $717.20 made October 30, 1940. It also calls for ten per cent attorney's fees if placed in the hands of an attorney for collection. The suit is against S.H. Hetherwick and plaintiff's rights against Hetherwick are asked to be reserved.

Defendant in answer sets up four defenses to plaintiff's demand:

1. It was not…