Winston v. Tufts

The petition charges that defendants, being the holders of a note drawn and endorsed by one Montanye, who was insolvent to the knowledge of defendants, put the same in the market, and caused the said Montanye to be represented as perfectly solvent; through which false representations and fraud of defendants, the plaintiff became the purchaser of said note, which was protested at maturity for non-payment. Plaintiff sues defendants for the amount of the note, with interest and costs.

The answer admits, that defendants had been the original holders of the note sued on; that they had put the same…