Harris v. Hess

Blatcheord, 0. J.

The defendants, on behalf of the plaintiffs, sold to the Hanover National Bank a promissory note, not overdue, *264and received from that bank the purchase price, and delivered the note to the bank. The defendants gave to the plaintiffs a check on a bank for the proceeds of the note, less $3.77 commission. Before the check was presented to the' bank or paid, the Hanover Bank, having ascertained that when the note was sold the makers of it, a firm in New Orleans, had suspended payment, notified the defendants of the Tact, and tendered the note back to them, and demanded back the…