McMurray & Thomas v. Gifford

Willard, Justice.

The complaint is upon a promissory note, alleged to have been made by the defendant, and payable to the plaintiffs, and contains all necessary allegations to establish a cause of action.

The answer is double. The first merely denies being indebted to the plaintiffs as alleged in the complaint. The second states that if the plaintiffs are the owners or holders of a promissory note named in the plaintiffs’ complaint, the said note was obtained from the said defendant by fraud, and is without consideration and void.

The plaintiffs, on a notice of five days, now move for judgment,…