Happ v. Ducey

Redick, District Judge.

Action upon a negotiable promissory note for $2,000, signed by Paul Rudolph, payable to O. J. rrwin, and by him indorsed before due to Patrick G. Ducey, and by Ducey indorsed before due to plaintiff. Defendants Rudolph and Irwin admit the note, but claim an offset against Ducey, alleging that, as a part of the transaction resulting in the giving of the note, Ducey agreed to pay the interest to March 1, 1920, on certain mortgages upon lands conveyed by Ducey to Rudolph, amounting to $1,200, which he failed to do.

Plaintiff acquired the note as part of the purchase price…