Binkley v. Ball

MASON, V. C. J.

The defendant in error, Loren H. Ball, as plaintiff, commenced this ■action against H. B. Binkley and Wayne Porter to recover on a promissory note for $224.25. executed by Wayne Porter and payable to H. B. Binkley and indorsed and delivered by Binkley to Ball. No service of summons was had on Porter. Binkley filed an answer and cross-petition, in which the execution of the note was admitted, but prayed that the plaintiff recover nothing, on account of a breach of warranty given on the property for which the note was delivered as part consideration, and also prayed for damages…