Henderson v. Dickey

Newcomb, C.

Edgar Henderson, as assignee of J. M. and Gr. M. Overshimer, sued the appellee upon a promissory note for $300. During the progress of the cause the note was assigned by Henderson to James M. Overshimer, and an agreement was entered of record that the proceédings should be continued in the name of Henderson, for the benefit of his assignee.

The defendant answered: 1. A general denial; 2. That, at the time of the execution of the note, the defendant was a person of unsound mind ; 3. That the note was given without any consideration; and a 4th answer as follows :

“And, for a fourth and…