Brownstone

Action upon certain six promissory notes by verified complaint. A demurrer, on the grounds: (1) of insufficiency of facts, and (2) ambiguity, was overruled. Defendants answered denying that they had not paid the notes in suit, and as a separate defense alleged that prior to the commencement of the action defendants transferred to plaintiff certain promissory notes as collateral security for the indebtedness sued upon; that as to one of said collateral notes, made by one J. S. Branch, for the sum of six hundred and two dollars and forty-two cents “plaintiff neglected and refused to take proceedings to enforce its collection and permitted the same without the consent and against the will of defendants to become barred by the statute of limitations,” and that if plaintiff had used reasonable diligence the said note could have been collected; as to the other collateral notes it is alleged on information and belief that plaintiff could have enforced collection sufficient to pay and discharge defendants’ indebtedness to plaintiff by the exercise of reasonable diligence; that at different times before the commencemnt of the action defendants demanded of plaintiff to take immediate steps…