Overbay's Administrator v. Lighty

Erazer,

J.—The appellant, as administrator, sued the appellees on a promissory note executed by them, and payable to him, for $2,101 14. The defense was, that the consideration of the note was, in part, a quantity of wheat, purchased at a public auction of the intestate’s effects, held by the plaintiff; that the wheat was not present, or subject to examination, but was stored in a warehouse six miles distant, or in transit to Toledo, and that the plaintiff, to induce the defendants to make the purchase, falsely and fraudulently represented that the wheat was “ only a little damp,” and…