Bradley v. Apex Loan Co.

Although the defense does not allege that the property purchased by defendant was the consideration of the note sued on, yet there were such facts pleaded (quite meafeerly) which, if proved, might have established an indebtedness from the payee, assuming the payee to have been the seller of the articles, to defendant, which could have been set off against the note if plaintiff acquired the latter after, maturity, or with knowledge or notice of the second defense.

Defendant had the right, by reason of having gone no further than to admit the execution of the note, to put plaintiff to proof it…