Home State Bank v. DeWitt

The opinion of the court was delivered by

Mason, J.:

The Home State Bank sued Matthew P. DeWitt upon two notes executed to it by him for $9,900 each, secured by mortgage, and three smaller notes given for interest thereon.. He will be spoken of as the defendant, although his wife was joined with him because of her interest in the mortgaged real estate. The-answer alleged that the notes were given without consideration, and were renewals of notes given without consideration. The burden of proof being upon the defendant evidence was introduced in his behalf, a demurrer to which was sustained. The…