Brewer v. Woodward

The opinion of the court was delivered by

Taft, J.

This was an action of assumpsit to recover the amount due upon a promissory note. The note was payable to one Austin or bearer, and was owned by the defendant, who before its maturity, writing his name in blank upon the back thereof, sold it to the plaintiff. The County Court admitted evidence offered by the defendant to show that at the time of the endorsement and sale of the n'ote, that it was agreed between him and the plaintiff, that unless the latter collected the note at its maturity, he would return it to the defendant, and if.he did…