D E C I S I O N
TRENT, J.:
This is a suit on a promissory note against the makers. Only one of them, the defendant Rohde, appeared and answered. He not having entered a verified specific denial of the genuineness and due execution of the note, the plaintiff claims that his special defense of illegality of consideration is cut off by section 103 of the Code of Civil Procedure, which reads as follows: "Actions and defenses based upon written instruments. ---- When an action is brought upon a written instrument and the complaint contains or has annexed a copy of such instrument, the genuineness and due execution of the instrument shall be...
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