Henderson v. Holt

Plaintiff, as payee of a promissory note, sues the defendant, as maker thereof, to recover the sum of $1,000, with interest, attorney’s fees, and costs. On the trial, plaintiff introduced the note, and rested. This was his legal privilege. Bigelow v. Burnham, 90 Iowa 300; Tuttle v. Becker, 47 Iowa 487.

It is obvious that, unless a valid defense is alleged and proved, plaintiff is entitled to judgment. At the outset we naturally inquire, What defense is interposed by the defendant-maker? It is fraud; but with the specific allegations in the answer we are not concerned on this appeal, unless it…