McInerney v. Canon City Industrial Stores Co.

In 71 Colorado, at p^ge 492 (208 Pac. 457), is announced our reversal of a judgment in this case because of the trial court’s having overruled a demurrer to the second defense. The parties now appear in the reverse order.

The defendant, plaintiff in error here, amended his sec*32ond defense and added a third defense. . Demurrers to these defenses were sustained and he brings error. '

The action is upon a note given by defendant for the purchase of some stock in the plaintiff company. - The note was for a balance under a contract of subscription. The original defense was that the agent who took the…