Boeder v. Taggatz

Plaintiff appeals from the order denying his motion in the alternative for judgment notwithstanding the verdict or a new trial.

The action is on a promissory note, made by defendant to plaintiff’s order. The answer admitted the execution of the note and alleged as a defense that it was made for the accommodation of plaintiff and without consideration. When the trial opened defendant moved to amend the answer by inserting this allegation:

“That as and for a further defense to such promissory note the defendant alleges that subsequent to the execution and delivery thereof to plaintiff herein, for…