Commerce Finance Co. v. Perry

1. The allegations of the affidavit of illegality were sufficient, as against a motion to strike in the nature of a general demurrer, to sustain the contention that the plaintiff in fi. fa. was not a bona fide purchaser for value.

2. The motion to strike, in the nature of a general demurrer, should have been sustained, because (a) the allegations of fraud were insufficient as a matter of law, in that they were too general; (b) payments made with knowledge of all the facts are voluntary, and can not be recovered; (c) the execution of a note or written contract in renewal of a former contract…