Fluckey v. Anderson

This is an action at law brought by James L. Fluckey, as executor of the last will and testament of Austin L. Fluckey, upon a promissory note, in usual form, signed by Bertha *665Leola Anderson. The answer of the defendant admitted the appointment and qualification of the executor, and the execution and delivery of the note in suit, and then pleaded at length facts establishing that the instrument in suit was wholly without shfficient consideration. The new matter set forth in defendant’s pleading was denied generally by plaintiff’s reply. The pleadings, of course, imposed the burden of proof…