Miller v. Johnson

MORIARTY, C.

This action was brought by appellant to recover on a promissory note. The complaint is in the usual form for an action on a note, sued upon by the original payee. Respondent, in his answer, admits the signing and delivery of the note, but pleads as a defense total failure of consideration.

The record shows little or no conflict of evidence material to the issues.

The facts are as fallows: In the month of April, 1919, appellant was engaged in the real estate 'business at Miller. About April 9th of that year negotiations between the parties to the action resulted in their entering…