Donovan v. Fowler

This was an action on a promissory note. The defendant in error (plaintiff below) filed his petition in the district court, which was in the usual form for declaring upon a promissory note, with the additional averments of the decease of the payee and appointment of defendant in error as the representative of his estate. The amended answer of plaintiff in error was a general denial of “each and every allegation and averment” of the petition. On the *248trial the plaintiff, without any preliminary proof of the execution of the note, offered it in evidence. Plaintiff in error objected for the…