Moyer v. Brand

This is an action by appellee against appellants Moyer and Frelz, upon a joint promissory note which, on its face, purports to have been executed by them as joint makers. Each filed separate answers. One paragraph of Fretz’s answer is that the note was executed without any consideration. One paragraph of Moyer’s answer was, that as to him, the note is without consideration. To this answer the court below sustained a demurrer. This ruling presents the controlling question in the case. The rule is, that if a separate answer by one of several defendants goes to the merits of the case, and is…