2 Greene 360 | Iowa | 1849
Opinion by
An action of assumpsit on a promissory note against the maker, Joseph E. Hildreth. Pleas, general issue, and one charging in general terms that the “ note was obtained by fraud, covin, circumvention, and misrepresentation.” A trial was had upon the general issue and a judgment rendered for the plaintiff. To the plea of fraud the plaintiff demurred; the demurrer was sustained, and the decision of the court thereon, is now assigned as error. But one question is presented in the case for adjudication. Are general allegations of fraud sufficient, in a plea to an action on a promissory note?
Our statute provides that if any fraud or circumvention
By many courts it has been decided that fraud in obtaining a promissory note, or to impeach the consideration of a simple contract may be given in evidence under the general issue. Brewer v. Harris, 2 Smede & Marsh. 84; Loffland v. Russell, Wright 438; Armstrong v. Hall, Coxe N. J. 178; Elliott v. Cogshall, 4 Blackf. 240. That fraud constitutes a legal defense under the general issue,
[Respectable authorities, it is true, have been adduced in this case to show that a general plea of fraud is bad, and that the circumstances constituting the fraud should be specified. But most of those authorities are not applicable to promissory notes, nor could the decisions have been made upon statutes strictly analogous to ours; and while some of them may be regarded as in conflict with our decision in this case, we are still encouraged by good authorities to re-affirm the doctrine of Hampton v. Pearce.
In Pence v. Smock, 2 Blackf. 315, and in Huston v. Williams, 3 ib. 170, general pleas of fraud to actions on bonds were held to be good, and in Elliott v. Cogshall, 4 Blackf. 239, the propriety of a general plea of fraud impeaching the consideration of a simple contract was, in a well considered and able opinion, held to be conclusive.
The same doctrine is entertained in Kentucky, not only in actions upon simple contract, but also upon deeds. 1 J. J. Marsh 106; 2 Dana 161. So in Remberton v. Staples, 6 Mis. 59.
TJnder the foregoing reasons and authorities we conclude that a general plea oí fraud, to an action on simple contract is good.
Judgment reversed.