Kitch v. Schoenell

— In this case, the appellant, as the payee, sued the appellees, as the makers, of a promissory note, for the sum of $55, dated May 15th, 1878, and payable two months after date. In his complaint, the appellant alleged that the note in suit was due, owing and wholly unpaid.

The appellees answered in a single affirmative paragraph, wherein they alleged' in substance, after having admitted their •execution of the note in suit, that the consideration of the note was the sale by appellant to appellee Schoenell of a certain horse; that at and before the time of the sale and delivery of such horse,…