Shain v. Belvin

Hayne, C.

There is absolutely no merit in this appeal. The action was upon a promissory note. The *263defendant offered no evidence. The sole point made is, that the document headed “answer” contains a cross-complaint, and that inasmuch as the plaintiff filed no answer thereto, the defendant should have had judgment thereon by default. The answer contains several denials, and proceeds as follows: “And for a further and separate answer and defense to said action, defendant avers by way of cross-complaint,” in substance, that the note was without consideration; and then, “for a further and separate…