Cripe v. Wade

This is an action upon a promissory note. Three defenses were interposed: (1) fraud, (2) conditional delivery, (3) failure of consideration. Defendant alleged that he had no plain, adequate and complete remedy at law and prayed for a decree that the note be delivered into court and canceled as null and void. Upon stipulation, the cause was submitted to the court without a jury. Judgment was rendered in favor of plaintiff for the amount due on the note and for attorney’s fees. Defendant appeals.

This note was given in payment for the one-half interest which plaintiff owned in a mercantile…