Norris v. Scott

This was an action on a promissory-note. The appellants, who were the defendants below and the makers of the note, answered in abatement, averring that the note declared upon was not due; that it was intended by the parties to make the note payable. March 1, 1892, but by mutual mistake of the parties it was made to become due February 1, 1891.

Upon issue joined upon this answer the matter arising upon the same was submitted for trial to the court, resulting in a finding and judgment against the appellants and requiring them to plead over. Thereupon the appellants filed a motion for a new…