Brown v. McHugh

Graves, J:

On the 14th of July, 1873, McHugh gave his note to one Eyan for one hundred dollars payable six months after date with interest at ten per cent. A mortgage was given upon a span of horses to secure the note. October SO, 1874, the note and mortgage were transferred by Eyau to Brown, the plaintiff. He was not aware that there was any defense to the note, and he paid full value for it. Soon after he bought it he commenced this suit to recover the amount.

The court tried the case without a jury, and the only obstacle to a recovery by Brown was the defense that the note was void under the…