Moorman v. Barton

Suit by Barton against Moorman, Wiggs, and Moorman, upon a promissory note for $482. Answer in bar: 1. General denial. 2. Payment. 3. That usurious interest was included in the note, which it was proposed to set-off. (See, in this connection, Beauchamp v. Leagan, 14 Ind. 401.) 4. That the note was altered without the consent of the makers. 5. That Wiggs and Moorman were sureties on the note.

A demurrer was sustained to the third, fourth and fifth paragraphs of the answer. The ruling upon the demurrer was right as to the third paragraph, because that paragraph purported to go in bar of the…