Sibley & Davis v. Rodgers

Action on a promissory note, which was dated December 31, 1902, and due one year from the date thereof. The petition was in the usual form, with an additional allegation that the defendant had paid $5 on the note, which was indorsed thereon, within five years next before the commencement of the action. The defendant, by his answer, admitted the execution of the note, denied that any payment had been made thereon, and alleged that the noted sued on was given for the purchase of a wagon, which was warranted in every respect by the plaintiff to the defendant “as being a good wagon, both as to…