Whitwell v. Winslow

This action is brought by the plaintiff upon a promissory note, dated June 29, 1872, for the sum of five hundred dollars, made payable to Elijah Pierce or bearer, and which the plaintiff assumes to be a negotiable note. On this point no question is made.

*308The bill of exceptions and the arguments of the respective counsel but obscurely disclose the nature of the plaintiff’s title to the note. It is certain that he paid no value for it; and so far as he has acquired any title to it, such title to it is by gift.

When was the gift made, if made? The bill of exceptions states only that it was a gift…