Richards v. Fuller

Plaintiff in error was sued by defendants in error as endorsees of a promissory note given to Warren S. Hale and transferred by him to them. The defense is that the consideration for the note was the sale of certain logs, which Hale warranted to hold out to a specified quantity and quality of each of the several kinds sold, including cherry, ash, basswood, walnut, butternut, maple, beech and elm; and that the lumber did not hold out as warranted, and that plaintiffs below were not such holders as to be discharged from that defense.

On the trial evidence was introduced tending to make out this…