Daly

The action upon which this appeal is predicated was brought by plaintiff against defendant on two promissory notes. The defense as to each of such notes was that “said note was given to plaintiff’s assignor upon the express condition that plaintiff’s assignor should pay to defendant, or for his account, the full face value thereof, to-wit, the sum of $600 ($1,000); that plaintiff’s assignor then and there agreed to pay to defendant, or for his account, said sum of $600 ($1,000), and that plaintiff’s assignor failed, and has ever since failed, to pay to defendant, or for his account, said sum of $600 ($1,000), or any part thereof, and that the consideration for said note has completely and totally failed”. Judgment was rendered in favor of defendant, and plaintiff appeals therefrom.

It is first urged by appellant that the answer interposed by defendant “did not raise an issue of failure of consideration”. But whatever objection may be made regarding the form of the answer presented by defendant, its obvious meaning is that, although admitting the execution of the note in question, defendant never received any consideration whatsoever therefor. In any event, the record discloses…