Schellpeper v. Sporn

This is an action to recover the amount due on a promissory note. Laurence Sehellpeper, payee, is plaintiff. William F. Sporn and William Baier, makers, are defendants. The note is dated January 27, 1919, and contains a promise by defendants to pay plaintiff, one month after date, $1,000, with interest at the rate of 5 per cent, per annum. In the petition a partial payment of $150 January 27, 1919, is pleaded. Judgment for the remainder, $853.54, is demanded.

Defendants in their answer admitted they signed the note, but alleged: (1) It was never delivered. (2) There was no consideration for…