Dull v. Mitchell

Per Curiam,

Plaintiff, an endorsee, sued the maker of a promissory note; the statement of claim alleged that plaintiff became a holder for value before maturity. The affidavit of defense admitted the execution of the note and that it had not been met, but averred a contemporaneous parol agreement with the payee that the note was to be paid out of a fund thereafter to be created by the re-sale of certain corporate stock, for the purchase of which the note was originally given by defendant to the payee, who was to retain it until thus paid; defendant further alleged that plaintiff had knowledge…