Hargrove v. John

This is an action by the appellees against the appellant on two promissory notes, one for $2,500 and the other for $1,500. The defendant answered in four paragraphs. The plaintiffs filed a separate demurrer to each paragraph of answer. The court sustained the demurrer to the fourth paragraph, and overruled it as to the others.

The fourth paragraph alleges that the plaintiffs’ interests in the notes were separate, each owning a certain amount of the notes, and pleading a set-off against the interest of each. The defendant, Hargrove, without taking leave to amend the fourth paragraph, filed an…