Maupin v. Smith

Opinion of the Court, delivered by

Scott, Judge,

William Smith, as assignee of James Norfolk, broughtsuit against Maupin, Jameson, &c., on the following promissory note:

Six months after date we and each of us promise to pay James H. Norfolk, or order, $1286.10, without defalcation, for value received.

Walter C. Maupin,

Wm. Jameson,

Sydney S. Boon,

The note was assigned to Smith, the plaintiff. The defendants, amongst other things, set up as defence to the action, a total failure of consideration, and a set-off due by the payee to one of 'the defendants before the assignment. Demurrers were entered…