Dimond
Dimond v. Sanderson
Opinion
lead Opinion
Haynes, J.
This action was brought upon a promissory note made by the defendant June 1,1888, whereby he promised to pay Lydia Emma Sanderson six thousand dollars at twenty-four months after date, with interest payable monthly. The complaint is in the usual form, except that it alleges “ that Lydia Emma Sander-son was the name of the plaintiff prior to her marriage with Henry P. Dimond on the twenty-fifth day of June, 1890; that the name of the plaintiff is now Lydia Emma Dimond, and that the subject matter of this action concerns and is the separate property of the plaintiff.”
Defendant’s answer contained three defenses: 1. Admitted the making and delivery of the note, but denied that any thing remained unpaid, due or owing thereon, or that he was indebted thereon; 2. That he received no consideration for the note; and 3. That at the time the note was made the plaintiff and defendant were husband and wife; alleged certain misconduct of the wife, that her affections were alienated by another, that he gave the note under certain promises made by the plaintiff, which were not kept, and with a view to regain her affections, an°d upon no other consideration; that she remained with him but a…