Palmer v. McFarlane

Albert, C.

As a defense to an action by the indorsee against one of the makers of a promissory note, the defendant charged, in effect, that the note was given for a horse sold and delivered by the payee to the defendant’s comaker, that the horse had been stolen, was not the property of the payee, and after the execution and delivery of the note had been claimed and taken from the possession of the purchaser by the real owner, and consequently that the note Avas without consideration and illegal in its inception. The reply is a general denial. A trial to the court resulted in a general finding…