Harper v. International Harvester Co.

Wade, O. J.

1. The defendant in the lower court made a solemn admission in judicio as to the execution of the note sued upon and its ownership by the plaintiff, and voluntarily assumed the burden of proving his sole remaining defense, — to wit, failure of consideration. This admission was binding on him, notwithstanding testimony (which, apparently through some oversight, was admitted without objection) to the effect that the title to the note which formed the basis of the purchase-money attachment was not in fact vested in the plaintiff, and notwithstanding the traverse to the attachment…