Bippus v. Vail

The plaintiff, Bippus, brought this suit against the defendant, Vail, on a promissory note for $5,000, signed by the defendant Vail and four others, and drawn to the order of George D. Jones, and indorsed “Geo. D. Jones.” The plaintiff’s declaration consisted of the consolidated common counts and a special count, reciting the execution and the indorsement of the note. The defendant filed five pleas: (1) nonassumpsit; (2) that the note was not executed by him; (3) that the plaintiff was not a holder in due course, because the note was without consideration and was not indorsed by the payee;…