Milan v. Graham

On exceptions by defendant this case comes up to determine whether the maker of a negotiable promissory note is held to pay it according to its terms.

It was a four months’ note, given by defendant, the maker, to J. R. Mulvaney, Inc., a seller of automobiles.

*221On the day of its making, or immediately thereafter, the note was endorsed by plaintiff and discounted at a bank. After its maturity plaintiff brought suit and at trial produced the note.

Defense pleaded is failure of consideration, in whole or in part, and that plaintiff was not a holder in due course.

The hearing was before the Court,…