Bassato v. Denicola

ROBERTS, Justice.

The appellee, plaintiff below, filed suit in the lower court on two promissory notes, each in the amount of $2,500, executed by the defendant and made payable to the plaintiff. The defendant, appellant here, filed his answer in which he denied that he had borrowed any money from the plaintiff and related certain facts concerning a partnership between the parties, which need not be recounted at this time. The sufficiency of the answer was not attacked in the lower court, so far as this record shows. The discovery deposition of the defendant was then taken, at the instance of…