Goodin

The object of this action is to recover on a promissory note executed and delivered by the defendant to the Virden Packing Company for the sum of $750. The note was dated November 7, 1920. Prior to the commencement of the action and after it had matured or become payable the note was assigned by the payee therein named to the plaintiff. These facts and the fact that no part of said note has been paid and the further fact of the refusal of defendant to pay the note upon its maturity are alleged in the complaint, and the prayer is for judgment in accord with the claim of plaintiff as to the several amounts (principal, interest and attorney’s fee) alleged to be due, owing, and unpaid on the obligation.

The amended answer admits the execution and delivery of the note by defendant to the Yirden Packing Company and that the same has not been paid, and alleges that the same was made without “any consideration whatsoever.” Said answer also sets up fraud on the part of the plaintiff ’.s assignor in inducing defendant to execute the note and a certain agreement of which said note was the outgrowth. The facts upon which said defense is predicated are set out with much particularity of…