Huston v. McCloskey

Newcomb, C.

This was an action to recover the amount alleged to be due on two promissory notes, executed by the defendants, and to foreclose a mortgage securing said notes.

The answer alleged that the notes, with others which had been paid, were given in consideration of the sale by the plaintiffs to the makers thereof, of the lease, furniture, equipments, etc., of a hotel in the city of Terre Haute, known as the “National House,” and that the consideration of said notes had failed, by reason of certain frauds and misrepresentations of the plaintiffs, whereby the defendants *39had been induced to…