Capital Loan & Investment Co. v. Benson

This is an appeal from a judgment denying the appellant a recovery on a promissory note executed by the appellee to B. F. Bussell, or order, which the appellant purchased in good faith for value before maturity. The ground of the appellee’s defense to the note is the breach by Bussell of a collateral agreement relative to the consideration for the note, made at the time of its execution.

The appellee challenged the appellant’s ownership of the note, and in support thereof introduced in evidence, over the appellant’s objection, a statement of Bussell, made after the maturity of the note, that…