McCormick v. Fallier

(after stating the case).

The first assignment of error is predicated on the court’s ruling on the demurrer, going to the equity of the bill. If the bill is without equity, the other assignments of error are not important.

It is well settled, as a general rule, that a court of equity, at the instance of the maker who has a good defense thereto in the hands of the payee, will enjoin the transfer of negotiable notes or other negotiable instruments, if the effect of such transfer is to cut off or destroy such defense, and on proper showing the court will order the instrument delivered up to the…