Clover
Jackson v. Clover
Opinion
Lead Opinion
Houser, J.
This was an action on four promissory notes aggregating the sum of $964.60. Three of the notes were made payable to plaintiff and the fourth note, amounting to the sum of $100, was assigned to plaintiff before the action was commenced. The defendant has interposed three defenses. First, that plaintiff was employed by defendant as superintendent of certain construction work; that he was unfaithful in the discharge of his duties as such superinten dent and had made false reports in connection with his said duties, and thereby obtained from defendant the sum of $120; also that at the time of the execution of the notes sued upon, plaintiff was indebt'ed to defendant in the sum of $800, which he falsely concealed, and by reason of said facts there was no consideration for said notes. Secondly, that while plaintiff was so employed as a superintendent, as an inducement to the execution of the notes sued on, plaintiff had promised and agreed to remain upon the work until a certain date and to care for and to preserve the property of defendant, and upon closing the work for the season was to collect and store the property of defendant at a certain place; that thereafter plaintiff reported…