Smith v. Brown

The plaintiff brought this action to recover upon a promissory note. The complaint is in the usual form. The defendant, in his answer to the complaint admitted “the execution” of the note, but denied its delivery, and denied “the indebtedness therein alleged.” Among other things, the defendant also averred in his answer that “said note was given without consideration”; that it was given “by reason of the fraudulent representations of the plaintiff,” setting forth the circumstances in detail. The defendant also averred that several months prior to the execution of said note the plaintiff, by *29ce…