Pritchard v. Johnson & Calhoun

Jackson, Judge.

This ease presents a single question. The court struck the plea of the defendant on demurrer, and, there being no other plea, awarded judgment for the plaintiffs. The striking the plea is the error assigned.

The suit was on a note for some sixty-seven dollars, appealed from the justice court. The consideration of the note was a fertilizer furnished by R. T. Wilson & Co., and appended to it there was a written agreement not to “ plead a failure of consideration on the note as described in this mortgage, unless I give the holders or their agents written notice of such failure on…