Kost v. Bender

The declaration in this case is upon a promissoi’y note which was given to the plaintiff by the defendant as part payment on a purchase of lands supposed to be valuable for the production- of mineral oil. The defense is, that the defendant was defrauded in the sale, and has sustained damages in consequence, which he is entitled recoup.

The note is negotiable, and was transferred by the plaintiff} before it fell due, to a' party, who, he claims, was a dona fide purchaser, without notice of any infirmity, and who afterwards, for a new consideration, sold it back to him. And the plaintiff further…