Brown v. Tausick

The complaint alleged the making and delivery to plaintiff by defendant, of his certain promissory note, the due presentation of same for payment, and its nonpayment. The answer specifically admitted the making of the note and did not deny any of the allegations of the complaint, and under section 522 of the Code they were, therefore, to be taken as true, and the plaintiff was entitled to recover without any proof, notwithstanding that the answer *17alleged affirmatively that the note was given without consideration under an agreement with plaintiff that the same was to be paid only out of the…