Throop v. Weaver

Appeal by plaintiffs from the judgment.

Plaintiffs sued in equity to cancel a certain note which they alleged in their complaint they executed and delivered to the defendant on or about the twenty-first day of April, 1915. They averred that the principal amount was $1,060, bearing interest at seven per cent per annum, and becoming due on or before July 1, 1916. They alleged that the note was in negotiable form and, upon information and belief, averred that at the time of beginning of the action it was still in the possession and under the control of defendant. They also averred that said note…