Weldy

This is an action on two certain instruments, alleged to be promissory notes, each reading as follows:

Alleging nonpayment and that the sum of $150 is a reasonable attorney’s fee to be allowed in the action, the prayer is for judgment for $1,177.50, principal and interest, and $150, attorneys’ fees.

General and special demurrers were overruled and defendants filed a verified answer to the unverified complaint, denying, on information and belief, its averments alleging the execution and delivery of said promissory notes; denying directly that there is due and owing or unpaid the principal or interest or any other amount; and, for further answer, alleged that defendants “received no consideration for the so-called promissory note set forth in said first cause of action,” and like averments as to the second alleged cause of action. The cause was tried by a jury and, by the direction of the court, the jury rendered a verdict for plaintiff. Defendants appeal from the judgment on the verdict and from the order denying their motion for a new trial.

Plaintiff raised the point on the answer that the denial on information and belief was not a sufficient denial of the execution of the…