Henneberry v. Morse

The single question presented in this case is, whether the appellant had sufficient notice of the failure of the consideration of the note upon which the action was brought, before he purchased the same of the payee.

It is not denied that there has been a total failure of the consideration. The note contained this clause, “ this note is given for part of the purchase price of the property on lot 2 on block 15 in the original plat of the city of Galesburg, Knox county, HI., lately occupied by A. Thorsalle.”

While this clause in the note fully notified the assignee or purchaser of the true…