Drake v. Perry

Drake gave his note to Kellogg and Squares for $50, due some time afterdate, which, before maturity, some one representing himself to be their agent, assigned, without recourse, to Perry. When the note matured Perry sent it to Justice Alsop for collection, who instituted a suit thereon in the name of the payee, for the use of Perry. Perry did not attend the trial, but Drake did, and pleaded ore terms, fraud and circumvention in obtaining the note, and want of consideration. The justice gave judgment for Drake.

Some time after the rendition of the judgment, Perry withdrew the note from the…