Shank v. Fleming

Fleming, the plaintiff below, sued Shank, who was the defendant, upon a promissory note executed to one Norval Fleming, and by him assigned to the plaintiff. The note is as follows:

“On the 25th day of December, 1853, for value received, I promise to pay Norval Fleming, eighty dollars, given for the west half of the north-east quarter of section number 32, township 21, range 9. This 23d day of September, 1851. [Signed,] Abraham Shank.”

The defendant’s answer admits the execution of the note and the assignment; but alleges, 1. That the note is without consideration. 2. That it was assigned to…