Coakley v. Equitable Bank & Trust Co.

WILSON, Circuit Judge.

This is an action to recover on three promissory notes given to the Tamiami Banking Company of Miami, Fla., and assigned to the appellee after maturity. The appellant was the maker of one note and an indorser on the other two.

The defendant, and appellant here, pleaded the general issue and in an amended answer set up the following as an equitable defense :

“And now comes the defendant and further answering avers that the notes referred to in the plaintiff’s declaration were obtained by the fraud of the plaintiff’s assignor the Tamiami Banking Company as hereinafter set…