McCormick Harvesting Machine Co. v. Gray

This cause is now before this court for the second time. On the. former appeal herein the opinion and judgment of this court are reported under the title of McCormick, etc., Co. v. Gray, 100 Ind. 285.

Appellant is the plaintiff, and sued appellee, Gray, as defendant, upon two promissory notes executed by him to plaintiff on June 30th, 1881. Defendant answered solely by counter-claim, in two paragraphs, wherein, admitting the execution of the notes in suit and that they were past due and unpaid, he averred that they and another note, of like tenor *341and effect, were given in payment for a…