Joyce v. Auten
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH. CIRCUIT. On March 20, 1893, the plaintiff in error, as a shrety, executed with his principal the following note: “ Three years after date, we, or either of us, promise to pay to the order of C. H. Whittemore, as receiver of the McCarthy & Joyce Company, the sum of nine thousand ($9000.00) dollars, with interest at six per cent per annum from date till paid.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH. CIRCUIT. On March 20, 1893, the plaintiff in error, as a shrety, executed with his principal the following note: “ Three years after date, we, or either of us, promise to pay to the order of C. H. Whittemore, as receiver of the McCarthy & Joyce Company, the sum of nine thousand ($9000.00) dollars, with interest at six per cent per annum from date till paid. This is one of the three notes executed for purchase money of the assets of the McCarthy-Joyce Company, this day sold to James E. Joyce & Company. “ James E- Joyce & Co. “ John Joyce. “…
1Opinion of the CourtJustice Brewer
The surety, defendant below, now plaintiff in error, did not in his answer aver that the note was not given for value, or that either he or his principal had paid it. His defences were that he was discharged from liability, first, by the conduct of the payee; and, second, by that of the plaintiff.
With regard to the first defence, we may put the plaintiff out of consideration, and inquire whether the defence would have been good if the payee had not transferred the note, but had himself brought the action. For the plaintiff, though charged to have had knowledge of the facts, is, if in no…
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