Amato v. FULLINGTON ET UX

This is a suit to cancel a note and mortgage in which the court entered a decree for the plaintiff, and the defendants have appealed.

The plaintiff, Calogero S. Amato, alleged in his complaint that his signature to the instruments under attack was “procured by fraud and deceit and no consideration of any kind or character ever passed from these defendants to plaintiff.” It is not alleged in what the fraud consisted or who perpetrated it, nor that there may not have been consideration from some other source. Defendants, in their answer, in addition to denying the allegation quoted, plead that…