Webster v. Parker

Parker sued Webster and others on a promissory note. Webster alone defended. Jury trial, verdict and judgment for the plaintiff below. Webster appeals.

The defence, consisting of four paragraphs, each going to part of the note, is—

1. Admitting the execution of the note, its assignment to the plaintiff and that it was unpaid, Webster pleads as to 225 dollars, part, &c., that it was given without consideration, and is void.

2. That as to 225 dollars, part, &c., the note was procured by fraud, &c.

3. The third paragraph is the same as the second, setting out the particulars of the fraud in…