Frazier v. Davids

The general term of this court decided in a case similar in its facts to this, that an examination of the plaintiff would not be allowed for the purpose of discovering what consideration the plaintiff paid for the note sued on, and which was misappropriated by the party to whom it had been intrusted to procure its discount and return the proceeds to makers.

The case referred to is Smith agt. Irvine, and will he found in volume 2, cases May general term,- 1884, clerk’s office. The defendants in that case answered, and in their answer recited the facts under which they parted with the note, and *491a…