McCLURG v. BARNES

No. 19,959.

135 Ind. App. 452 (1963)

194 N.E.2d 421

McCLURG v. BARNES.

Court of Appeals of Indiana.

Filed December 5, 1963.


Attorney(s) appearing for the Case

Zane E. Stohler, Mendenhall, Hunter & Stohler, of Winchester, and Owen S. Kern, of Indianapolis, for appellant.

Joseph P. Sullivan, of Indianapolis, for appellee.


KELLEY, J.

The appellant duly instituted this action against appellee by complaint alleging upon a certain promissory note. The appellee, by appropriate pleading, admitted the note as declared upon in the first rhetorical paragraph of the complaint; and, by affirmative answer, alleged that the note "was given without any consideration whatever," and that appellant was not a holder in due course of said note.

The issues, duly made, were submitted for trial...

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