Legal Opinion

McClintick v. Cummins

U.S. Circuit Court for the District of Indiana

Decided May 15, 1840PublishedCited by 5 opinions

[This was an action at law by John Me-Clintick against David Cummins. The suit was originally before the courr upon demurrer in Case No. 8,700.]

1Opinion of the Court

*1272OPINION OF

THE COURT.

The plaintiff. as indorsee of a promissory note, brought this action; and the defendant has pleaded the general issue, and annexed a notice that he would prove, on the trial, the note was fraudulently obtained by duress. &c. And the question now submitted to the court is, whether, if fraud shall be proved, the plaintiff shall be required to show that the note was assigned to him for a valuable consideration. The note and the assignment import a valuable consideration, but the consideration of either may be impeached. If a note were given without consideration, and was…

2Cases cited1 opinion

  1. Holme v. KarsperSupreme Court of Pennsylvania · 1813

3Cited by5 opinions

  1. Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
  2. The First National Bank v. . GreenNew York Court of Appeals · 1871
  3. In re Hopper-Morgan Co.District Court, N.D. New York · 1907
  4. In re Hopper-Morgan Co.District Court, N.D. New York · 1907
  5. Hazard v. SpencerSupreme Court of Rhode Island · 1891

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