Smith v. Roberts

This action is founded on two notes of hand, by which the defendants promised to pay to W. Vaughn, administrator of Seth Stafford, *433deceased, $1450. The notes are not drawn in negotiable form, but passed to the plaintiff by endorsement, in good faith, who holds them, subject to all legal and equitable objections to payment, which might be pleaded by the promisors, against the original payee. Payment is resisted on the ground of no consideration, or failure thereof, to support the promise. It appears, that the notes in question were given as the price of certain slaves, bought by the defendant…