Lindsey Mercantile Co. v. Lindsey

Plaintiff alleges that on January 20, 1923, defendant made and signed a promissory note made payable to it, d.ue October 1, 1923, and that ■ in some way unknown to it defendant obtained possession of the original note, and it attached to. its petition what is alleged to be a copy 'of "the nóte; and it further alleged that if the original note was delivered to the defendant by it, it was delivered through error, and that the note was never paid and the amount thereof is now owing and due.

Defendant, answered ■ admitting that he signed the note described, but alleged that he paid the note in the…