Henry v. AL ZACHRY COMPANY

Nichols, J. 1.

The plaintiff’s general demurrer to the defendant’s answer was based on the ground that the answer did not set forth any defense to the check sued on. “Absence or failure of consideration is matter of defense as against any person not a holder in due course, and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise.” Code § 14-305. Accordingly, the defendant’s plea of failure of consideration, to withstand demurrer would have to allege facts showing affirmatively that the plaintiff was not a “holder in…