Yuncker v. English

The opinion of the court was delivered by

Marshall, J.:

The plaintiff, the indorsee of a promissory note signed by the defendant, sued to recover on that note. One of the defenses was that the note, with the knowledge of the plaintiff, had been given for a patent right, and the note did not have any words indorsed on it indicating it had been so given. Another defense was that the plaintiff had sued another party for recovery on the note *426and that the action thus commenced was an election of remedies inconsistent with the present action. Judgment • was rendered in favor of the defendant, and the…