Kennedy v. Shaw

Shaw recovered judgment as indorsee of two promissory notes, amounting together to $725, made by James M. Kennedy and Isaac N. Kennedy to the order of Samantha Kennedy. The defense interposed was want of consideration, based upon this state of facts:

The payee was widow of Robert Kennedy, a brother of the makers, who died in September, 1872. At the time of his death he owned a third interest in a portable saw-mill, and had some other personal property and furniture. He left no children. In January, 1873, an administrator was appointed, but an agreement was made among the heirs to settle up the…