Big Builder, Inc. v. Evans

Bell, Chief Judge.

Plaintiff, as payee, brought separate suits against four defendants as makers on promissory notes. Each defendant admitted execution of the notes, denied any indebtedness and pleaded failure of consideration and counter-claimed for money damages. The cases were consolidated for trial and heard by the trial judge as a jury trial was waived. Motions of plaintiff to dismiss the defenses of failure of consideration and the counterclaims were denied. The ground of the motions was that the defense of no consideration and counterclaims were not supported by written contracts made…