Huron Lodge No. 444 of the Benevolent & Protective Order v. Hinckley

This ease is before us on rehearing. The facts are stated in the original opinion. 50 S. D. 355, 210 N. W. 200. Defendant in his answer admits that plaintiff is not a business corporation or corporation for profit, but is a benevolent organization *101incorporated under the laws of the state, and alleges as his sole defense that the note sued on was executed by him “without value or consideration, and that ‘defendant has not at any time received any consideration whatever for the execution thereof.”

By numerous questions and various avenues of approach defendant attempted to show that the note was…