North

In this action judgment in favor of the plaintiff was granted on the pleadings from which the defendant appeals upon a bill of exceptions.

The complaint was filed on the third day of October, 1930, and declares on two promissory notes. One of said notes is dated the thirteenth day of December, 1927, payable to E. D. Wilkinson, for the sum of $700, due 180 days after date thereof. The other note, for $787.50, is dated March 28, 1928, due on or before September 1st after date. It is alleged that no part of the principal or interest on either of said notes has been paid and “That prior to the commencement of this action for a valuable consideration the said note was sold and delivered to the plaintiff herein and that the said plaintiff is now the owner and holder thereof. ’ ’ The complaint is in two counts and the allegation above quoted is identical in each count.

The answer admits the execution of the notes in question and that no part of the principal or interest has been paid, but denies, that said notes were ever delivered except as in the special defenses therein set out. The answer in each count sets out certain transactions between defendant and E. D. Wilkinson, the payee…