Russ Lumber & Mill Co. v. Muscupiabe Land & Water Co.

This appeal is from a judgment in favor of the plaintiff upon demurrer to defendant’s answer. Both parties are corporations. The action is prosecuted to recover certain semiannual installments of interest accrued upon five promissory notes executed by the defendant to the Bear Valley Irrigation *523 Company (also a corporation), and by it indorsed to the plaintiff in September, 1893.

Said notes bear date September 29, 1891, and are payable, respectively, five, six, seven, eight, and nine years after date, each for the sum of three thousand dollars. The interest on all the notes had been paid by defendant to September 29, 1893, and this action was commenced July 24, 1895.

It is stipulated that the answer to each of the five causes of ac-. tion is identical with the others, and hence only the answer to the first cause of action is printed in the transcript, but as that covers fifteen printed pages it cannot be given here in full. An outline of the defense pleaded, with perhaps some more specific notice of particular allegations as we proceed, is all that is necessary.

The answer alleges that the notes were executed in consideration of a contract entered into between it and the…