White v. Blair

FOSTER, Justice.

This is a suit on a promissory note executed by J. R. Lowe & Co., J. R. Lowe, and C. N. Lowe. The defendants are alleged to be administrators de bonis non of C. N. Lowe, deceased. The other makers of the note are not sued, which is, of course, within the right of plaintiff. Section 5719, Code.

Pleas 1 and 2 were in substance the general issue, which cannot also be a plea in confession and avoidance. It is immaterial that plea 2 adds the statement that the debt was that of J. R. Lowe or of J. R. Lowe & Co. That adds nothing to its effect.

Pleas 3, 4, and 5 are nonclaim under…