Gaines v. Fitzgibbons

Plaintiff sues on two promis-sory notes drawn by defendant to his own order and by him indorsed, each for the sum of $1,750 with interest, etc.; said notes bearing on their face that they are “subject to the conditions set forth in the act of sale with which this note is identified.”

Plaintiff sues as the holder of said notes and as transferee thereof from the original hoider, and alleges that the conditions under which said notes were payable have been fulfilled.

An exception of no right or cause of action was sustained by the court below on the ground that:

These notes, in the opinion of the…