Groesbeck v. Bell

The action is based upon two promissory notes. Bell was not served, and did not appear. Howe filed his separate answer, to which Plaintiff demurred generally. The demurrer was overruled, and a trial by jury and verdict for Defendant being had, judgment was rendered for Defendant. A motion for a new trial being overruled, the Plaintiff appeals from both the judgment and from the order overruling the motion for a new trial.

The action of the Court in overruling the demurrer was correct, the plea of payment being sufficiently alleged even if the other two grounds, infancy and suretyship, were not…