Stephens v. Miller

Stephens brought this suit against Miller upon the latter’s promissory note given to cover the purchase price of perfumes, etc., bought by Miller from the Donald-Richards Company, to whose order the note was made payable. Defendant pleaded a failure of consideration, and fraud practiced in the procurement of the note. Stephens claimed to be a bona fide purchaser of the note, for value, before its maturity. Upon trial before a jury, verdict was returned and judgment rendered for defendant.

[1] The first and third assignments complain of the court’s charge. We find in the record some written…