Indiana Supreme Court June 28, 1859 (Banks v. Hempstead)

Per Curiam.

Hempstead sued Banks upon a promissory note for the payment of 149 dollars.

Defendant answered—

1. That the note was obtained by fraud.

2. That it was given without consideration.

3. That the consideration upon which it was given had failed, setting forth specially the facts constituting the failure.

In this condition, the cause was continued to the February term, 1857.