Bingham v. Kimball

When this case was here before (17 Ind. 396), on a demurrer to the answer, the only point determined was, that the answer showed that the note was given for an existing debt against the Indiana State Board of Agriculture for lumber previously sold by the assignors of the appellee, and that therefore there was no consideration to support the note.

After the case was certified back to the court below, the appellant answered, among other things, that “the writing sued on in the complaint was given by this defendant to plaintiff’s assignors without any consideration of any kind to this defendant.”…