Powers v. Ball
Supreme Court of Vermont
Promissory notes, Assumpsit upon a promissory note payable, two years from date, to Amos Beckwith or bearer. Plea, the general issue; trial by jury, December Term, 1854, — Poland, J. presiding. The plaintiff produced the note, and proved its execution.
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Promissory notes, Assumpsit upon a promissory note payable, two years from date, to Amos Beckwith or bearer. Plea, the general issue; trial by jury, December Term, 1854, — Poland, J. presiding. The plaintiff produced the note, and proved its execution. The defendant then introduced evidence tending to prove that the note was given for the price of a piece of land sold and conveyed by a quit claim deed to the defendant by John Beckwith, who represented that the title to the same was good; but that the said Beckwith had no right or title whatever to the land. The plaintiff then introduced…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The only question made in the present case is whether the Iona fide holder of a promissory note for value, negotiated before due, is liable to be defeated, in a suit upon the note, by showing that the consideration of the note was fraudulent between the original parties. It is laid down in Story on Bills of Exchange § 188, “ that the partial or total failure of consideration, *663or even fraud between the antecedent, parties will be no defense or bar to the title of a bona fide holder.” The same rule is laid down in Chit, on Bills, ch. 3,…
2Cited by3 opinions
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