Amory v. Reilly

Amory brought an action against Reilly, Elliott, Bwrtis, Allis, and Howes, upon a promissory note for the payment of 437 dollars. The note bears date October 3,1853. It was payable to one Mortimer Turner, and by him assigned to the plaintiff.

*491Defendants, in their answer, aver that the note was given for a part of the purchase-money of certain real estate which they, at its date, bought of Turner, the assignor. They allege a partial failure of consideration, and state the facts upon which they base the alleged failure. The facts stated are these: Formerly, the real estate, being a tract of land…