Knight v. Hurlbut

The evidence, as preserved in the record, shows, with reasonable certainty, that the note which is the subject of the present controversy, was signed by the defendants, as sureties, in fact, and sent by them to the plaintiff, under the agreement that he was to procure it to be signed by their father, and then accept it in liquidation of certain of his indebtedness; and that he neglected to obtain their father’s signature, or to present the note to him for that purpose.

The note never having been assigned, the only question is, can the plaintiff recover on it, in direct violation of the terms…