Phelps v. Osgood

Osgood sued Kemper, Phelps, and Young on a promissory note. As to Young, the suit was dismissed. Kemper made default. Phelps answered. Demurrers were sustained to the third, fourth, fifth, and seventh paragraphs, and the second and sixth were stricken out on motion of the plaintiff No question is made as to the correctness of the rulings of the court on the demurrers or on the motion to strike out. The first paragraph of the answer of Phelps was a general denial, and the eighth was a denial of the execution of the note, sworn to by Phelps.

With the issues thus made, the case was called for…