Hesch v. Dennis

2. Bills and notes, § 56*—when failure of consideration not defense. In an action to recover on a promissory note given as part of the purchase price of a leasehold interest in and equipment of a theater, where defendants retained possession and made no attempt to rescind, a judgment for defendants held erroneous, there being no evidence of fraud or failure of consideration, or of a subsequent valid agreement, and evidence to vary the terms of the note being incompetent. 3. Bills and notes, § 431*—when evidence of contemporaneous agreement inadmissible. The maker of a promissory note cannot…