Daniel v. Braswell

It appears from the record that Tucker, in 1891, sold a certain alleged patent right to Braswell. The latter gave therefor his negotiable promissory note. Tucker sold the note to Daniel, but without indorsing it. Before Daniel purchased it, he inquired of Braswell if the note would be paid by him, and Braswell replied in writing: “You can buy the note, . . for the same is all right.” When the note became due, Braswell refused to pay it. Suit was brought upon it in the name of Tucker for the use of Daniel. On the trial of the case Braswell defended on the ground that the note was obtained by…