Paton v. Doyne

The opinion of the court was delivered by

Fort, J.

This was an action brought upon a promissory note.

The defendant made five promissory notes to Henry V. Peabody, Jr., in relation to five separate transactions or pur*320chases. These notes, after they all became due, were purchased from Peabody & Company, at one time, by the plaintiff in this case, who gave in payment therefor his check for $1,270.03. The notes were of the date and amounts following:

“First note, February 5th, 1906, $261.39; when payable, May 5th, 1906; second note, March 24th, 1906, $225; when payable, April 24th, 1906; third note,…