Collins v. Townsend

I dissent. This action was brought to recover a balance alleged to be due on a promissory note given for the purchase money of certain shares of stock by defendant to plaintiff. The defendant set up several defenses to the action, which, as far as material, will be noticed hereafter. Judgment passed for the defendant, and plaintiff appealed.

There was no attempt made to rescind the contract. We do not understand the respondent to urge that the contract was rescinded, or that the judgment of the Court below should be upheld on any such ground. But he contends that there is nothing due on the…