Ward

Plaintiffs appealed from a judgment rendered in favor of defendant in an action to recover upon a promissory note made and delivered 'by defendant on March 17, 1915. By its terms the note was due and payable four months after its date. On April 21, 1915, defendant brought an action against plaintiffs herein, with whom others were joined as defendants, to have the note canceled and annulled on account of fraud in its procurement and want of consideration thereof. Demurrers were sustained to the original and three succeeding amended complaints; whereupon a fourth amended complaint was filed, at which time the note had matured. Thereupon the defendants in said action, who are the plaintiffs here, in addition to their answer denying the allegations of the complaint, filed a cross-complaint in the usual form for recovery upon the promissory note in accordance with the terms thereof, to which the plaintiff in said action, who is defendant here, filed an answer wherein, as a defense to recovery upon said note, he set up the same matters contained in his complaint wherein he sought the cancellation of said note, and in his answer prayed for the same relief sought in his said complaint.…