Howe v. Messimer

Plaintiff brought action against defendant on two promissory notes, for $2,000 each, made and delivered to Jacob and Anna Elston, of Elmira, New York, and assigned to plaintiff after maturity. Defendant admitted the execution and delivery of the notes and set up three alleged affirmative defenses, to-wit, conditional delivery, fraud and misrepresentation, and want of consideration, combined in the following allegations:

That, as owners of a certain lot in Miami, Florida, the Elstons represented to defendant that the lot was worth, and could be readily sold for, a sum in excess of $5,000, and…