Dunning v. Cresson

By the Court, Prim, C. J.:

This is an action on a promissory note to recover thirty-four hundred dollars and interest. The note was executed by respondent, and made payable one year from date to William Utter or order, and indorsed and assigned by him to appellant.

The answer admits the execution of the note, but attempts to set up an entire failure of consideration as a defense., It is alleged that the consideration entirely failed in this :• The note was given to Utter in consideration of the assignment by him of an account due him from the Isthmus Transit Bailway Company, said Utter…