Hayes v. Hayes

This was a suit by the appellee, against the appellant, to recover the amount due on a promissory note dated March 1st, 1873, executed by the appellant and one Joseph Hayes, and payable two years after date, to the appellee.

The note was the. joint and several note of the makers thereof, and the appellee alleged, in her complaint, that the whole sum of money, secured by said note, was then due, owing and wholly unpaid, except the-credit endorsed thereon.

The appellant answered in five paragraphs :

1. A general denial;

2. Payment;

3. Want of consideration; and,

The 4th and 5th paragraphs set up…