Indiana Court of Appeals December 5, 1963, No. 19,959 (McClurg v. Barnes)

Kelley, J.

— The appellant duly instituted this action against appellee by complaint alleging upon a certain promissory note. The appellee, by appropriate pleading, admitted the note as declared upon in the first rhetorical paragraph of the complaint; and, by affirmative answer, alleged that the note “was given without any consideration whatever,” and that appellant was not a holder in due course