Hannah v. Chadwick

Opinion by

Will-son, J.

§ 517. Failure of consideration; insufficient plea of; case stated. Chadwick sued Hannah as maker, and McDermot and Hudgins as indorsers, of a promissory note. Hannah pleaded specially, under oath, failure of consideration, alleging, in substance: 1. That said note was executed for the' purchase price of certain personal property, sold by plaintiff to him, said plaintiff representing at the time- that his title to said property was valid. 2. That plaintiff warranted to him the title to said property. 3. That thereafter, said property, without the knowledge or consent of…