Fort Payne Coal & Iron Co. v. Webster

This is an action on two promissory notes, which are identical in form, except that one is payable in one year and the other in two years from date. The defences set up are false and fraudulent representations on the part of the plaintiff, and a failure of consideration. No question of pleading is intended to be raised. The case appears to have been tried at length on the question" of fraud, upon which the evidence was conflicting, but the verdict was finally rendered on the other branch of the case, the plaintiff’s counsel excepting to the rulings given, and consenting that a verdict might…