Numbers v. Bowser

Boioser and others siied Numbers and Blackburn, the appellants, on three promissory notes. An answer, *492eonsisting of five paragraphs, was filed to the complaint. The replication contained a denial, and also seven special paragraphs. A trial was had, resulting in a finding for the plaintiffs, on which there was judgment, a motion for a new trial having been overruled.

The third paragraph of the answer, which was pleaded to the second paragraph of the complaint, alleged a failure of consideration as to the sum of $400 of the note referred to in that paragraph. It avers that the note was given in…