Robertshaw v. Britton

Citations

• 74 Miss. 873

Syllabus

<p>' 1. Pleading. Evidence.</p> <p>If a plea be held g-ood by the court on demurrer, and the plaintiff has replied to the same traversing its averments, evidence of the facts stated in the plea is admissible, and ought not to be excluded on the idea that if proved they do not constitute a defense.</p> <p>2. Promissory Note. Code 1892, § 3503.</p> <p>A plea that the note sued upon was executed upon the payee’s promise to credit the amount upon another note for a larger sum previously executed, and which the payee represented he still held, but which he had, in fact, transferred, and that the larger note had been paid, presents a defense, under code 1892, § 3503.</p>