Scribner

This action was brought to recover upon a promissory note made March 16, 1894, by appellant *614 and Edwin Morris, for four hundred and fifty-seven dollars and fifty cents, and payable one day after date to Joseph Huber or order, and indorsed to the respondent herein. Morris made default. Appellant Hanke answered the complaint. The answer is in some respects sui generis.

It admits making the note, denies that there is anything due thereon, etc., and then for a separate answer defendant Hanke avers that on or about the 16th of March, 1894, he took and received from W. D. Demining a bill of sale of certain saloon property in the town of Sanger, etc.; that he paid nothing therefor, and never became the owner thereof; that he took said bill of sale at the request of Huber and at the same time and place with the giving of the note, and that the note was made at the instance and request of Huber; that the note in suit was given apparently to evidence an amount then and prior thereto due and owing from Demming to Huber upon a promissory note, and that it was expressly understood and agreed between all the parties that Hanke would receive the bill of sale and sign the note with Morris…