Hereth v. Yandes

This was a suit on a promissory note similar to that in Hereth v. Meyer, at this term, 33 Ind. 511, executed at the same time and for the same consideration. Hartwell, the payee, indorsed it to one Lobdell, who indorsed it to the plaintiff below.

The only question raised by the assignment of errors is that relating to the overruling, by the circuit court, of a demurrer to the reply.

The defendants having set up, in their answer, as a defense, that the note was obtained from them by the payee by fraud, and that the plaintiff had notice thereof, the plaintiff replied that in a cause pending in…