Smith v. Baxter

Action by the appellees against the appellant, on a note made by the appellant to one Michael Haran, and by him indorsed to the plaintiffs.

The defendant answered—

1. “That the consideration of the note was the purchase from the said Haran of certain tinware, copperware, *152stoves, castings, tin, copper, tools, finishing hammers, hardware, &c.; and avers that said property was broken, injured, and defective (to-wit, fifty stoves, one hundred pieces of casting), and had no value; and one set of finishing hammers, worth fifteen dollars, never received; which defects were fraudulently concealed by…