Groseclose v. Sutherland

This is an action on a promissory note in the principal sum of $300. Defendant in error was plaintiff below, and the parties will be referred to herein as in the trial court.

The note sued upon is dated September 4, 1940, and was due November 4, 1940. Suit was commenced December 2, 1940. The petition, as originally filed, did not include an allegation that the note had been returned for taxation and the taxes paid as provided in the intangible property tax law, Title 68, sec. 1515, O. S. 1941.

Defendant filed his answer, consisting of a general denial, a plea of payment, and an allegation that…