Ross v. Braydon

Judge Nicholas

delivered the Opinion of a majority of the Court

Judge Underwood dissenting.

The only point requiring special notice is as to the sufficiency of plea number two.

It says that the note sued on, was obtained from the defendants, by the plaintiff, by fraud, covin and misrepresentation.

It was ruled in Sharp vs. White, 1 J. J. Mar. 106, that a general allegation, that the covenant sued on was procured by fraud, constitutes a good plea in bar. We see no good reason for retracting that opinion. It not only accords with high authority, but is sustained by the principles and analogies of…