First & American National Bank of Duluth v. Conley

The plaintiff sued on a promissory note due in January, 1932, executed by the defendant to the plaintiff. The defendant set up in his answer the six-year statute of the state of Minnesota of which he alleges he is a resident, and the six-year statute of Wisconsin. There is no attack on this defense.

The plaintiff demurs to a “further defense” set up in the answer, consisting of fraudulent representations and participation in a conspiracy to defraud the defendant by the plaintiff bank on the ground that it does not state facts sufficient to constitute a defense. The plaintiff also demurs to a…