Black v. Mitchell

Suit by Black against Mitchell upon two promissory notes. The notes were given to one J. R. Riddle, and by him assigned to the plaintiff.

The defendant set up a want and a failure of consideration, and fraud.

The plaintiff replied an estoppel in pais, in this, that the plaintiff took the assignment of the notes for a considera*398tion paid, and upon the representation of the defendant made during the negotiation therefor that the notes were valid.

A. Daggy and D. E. Williamson, for the appellant.

Trial by jury; verdict and judgment for the defendant.

The evidence is upon the record. The notes were…