Atkinson v. First National Bank

1. To a suit by the holder of a negotiable note, the maker pleaded, as failure of consideration, that the consideration of the npte was the exclusive right to sell, within certain territory, a mechanical tool manufactured by the payee, and that the payee contracted in writing that he would furnish at a certain price the article contracted to be sold, which was to be in every way equal to and perfect as the sample, or purchase-price would be refunded; that the tool furnished was unmerchantable and not reasonably suited to the uses intended; that he asked the holder to discount the note for him…