Avegno v. Fosdick

The defendant, sued on several promissory notes, pleaded the general issue. Subsequently, with leave of the court, he filed a supplemental answer, in which he set up want of consideration.

On the trial defendant offered evidence in support of his plea of want *110of consideration. Plaintiff objected to tho introduction of the testimony, upon the ground that the supplemental answer changed the issue, and that no testimony could be heard under it. Tho objection was sustained, and the evidence rejected. To this ruling the defendant excepted, and reserved his bill. The case comes up to us upon the…