Foster v. Washington

JANVIER, Judge.

This is a suit on a promissory note for $1,200. The defense is that there has been a failure of consideration since the contemplated work for which the note was given has never been performed.

It is conceded that the work was not performed and that if the note were still owned by the contractor to whom it was given, there could be no recovery under it, but it is contended by the plaintiff who sues on the note that he is a third holder for value who obtained it before maturity and without knowledge of any of its possible infirmities.

There was judgment in the Civil District Court…