Simon v. Merritt

Beck, Ch. J.

The defendant filed an equitable answer setting np fraud practiced by tbe payee of tbe note upon defendant in order to procure its execution, and alleging a conspiracy on tbe part of tbe transferee of tbe note, tbe payee and others to cheat and defraud citizens generally, and that defendant, by tbe fraud practiced upon him, was induced to sign tbe note. Tbe answer avers that plaintiff bad notice of tbe fraud in procuring tbe note, and that it was given without consideration. It is also alleged that plaintiff’s transferrer bad notice of tbe fraud. Tbe answer is in tbe nature of a…