Weissman v. Russell

By the Court,

Watson, J.:

This action was brought to recover the amount alleged to be due and unpaid on a certain promissory note executed by appellant, in favor of respondent, a copy of which was set forth in the complaint. The note was negotiable, and by its terms due June 1, 1881. The appellant was entitled to three days of grace. The endorsement of the clerk of the *74circuit court shows that the complaint was filed June 2, 1881. The answer denies, among other things, that the note was due when the action was commenced, and as a separate defense alleges facts showing a failure of…