Foglesong v. Wickard

The appellee, as administrator of the estate of Daniel Foglesong, Sr., sued the appellant upon a promissory note made by the appellant to the deceased. Error is assigned upon the action of the court in sustaining a demurrer, for want of facts, to the fourth, fifth and seventh paragraphs of answer. These paragraphs are, in all essential respects, the same as the sixth, to which the demurrer was overruled. None of them show a complete defence to the entire cause of action, though pleaded as such, and the partial payments alleged in them were provable under the second paragraph, which is a plea…