Ellington

Plaintiff brought suit against the defendant on a promissory note for $10,000 dated May 28, 1925, and from a judgment thereon against him defendant appeals.

The answer of defendant admitted the execution of the note by defendant to plaintiff, but denied the other allegations of the complaint, and also alleged as a separate defense that there was no consideration for the note as well as a total failure of consideration therefor. A further separate defense alleged on information and belief that a partnership existed between plaintiff and one Hallward, and that said Hallward, with the knowledge and consent of plaintiff, induced defendant by certain alleged false and fraudulent statements, to execute and deliver his note for $10,000 dated August 24, 1924, to said Hallward for an assignment by Hallward to defendant of a one-third interest in a sales agreement theretofore made between Hallward and plaintiff and certain associates; that such agreement was not made in good faith and that all representations concerning the same, as well as said assignment, were made with the knowledge and consent of plaintiff; that said note was hypothecated to a certain bank by the aid of plaintiff and…