Cole Motor Car Co. v. O'Kelly

The Cole Motor Car Company sued D. B. O ’Kelly as maker of four certain promissory notes given to one W. P. Dorough. Dorough is alleged to have endorsed the notes to plaintiff. The declaration was in the usual form as to the promissory notes sued on, and contained some of the common counts in assumpsit. Two pleas were filed to the special count on the notes.

By these pleas it was averred in substance that the consideration for the notes sued on had wholly and entirely failed because the notes were given as part of the purchase price of an automobile to Dorough as agent of the plaintiff, who…