Miller v. Tiffany

68 U.S. 298 (1863)

1 Wall. 298

MILLER

v.

TIFFANY.

Supreme Court of United States.

Mr. Evarts and Mr. Gilette for Miller and wife, the appellants.

Mr. Coombs, on the other side.

Two defences to the mortgage are relied upon:

1. That the goods sold to the defendant, which formed the consideration of the note secured by the mortgage, were worth largely less than the amount for which the note was given. It is claimed, therefore, that there has been a partial failure of consideration.

The evidence upon the subject is conflicting. It has failed to establish to our satisfaction the fact alleged. Fraud or…