Whitney National Bank v. Cannon

The opinion of the court was delivered by

Monroe, J.

Plaintiff sues on two promissory notes of $3000 and $6000, respectively, drawn and indorsed by the defendant, and originally secured by mortgage, and prays for a personal judgment for the aggregate amount with interest and costs. .The defense set up is that the plaintifE received the notes from Charles Hernandez as collateral security for a debt which has since been paid, and that, should it appear that plaintifE has any suable interest therein, said notes were acquired from said Hernandez, the original holder, after maturity, and are subject…