John Chaffe & Sons v. Whitfield

The opinion of the Court was delivered by

Bermudez, C. J.

This is an action via ordinaria to enforce the payment of a note of $3,000, secured by mortgage.

*632The defence is, “that the note was given as collateral security for an account of supplies and cannot be enforced, being without consideration except for the amount due upon the principal debt, that for supplies; and that, as nothing was due on that account, the note cannot be enfoiced.”

From a judgment in favor of the plaintiff's, the defendant appeals.

It appears that the defendant, who is a widow, applied in 1880 to the plaintiffs for an…