McGue v. Rommel

The defendants appeal from a judgment in favor of the plaintiff and from an order denying their motion for a new trial.

The action was upon a promissory note for two thousand five hundred dollars, executed by the defendants to the plaintiff on March 10, 1900, and due four months after date, the complaint being in the usual form. The answer averred as affirmative defenses that the note was without consideration; that it was secured by mortgage on real estate, which mortgage had not been foreclosed; that the note was executed under a mutual mistake of fact whereby a part of the property for…