Hodgkins v. Moulton

The plaintiff seeks to recover the balance due on a negotiable promissory note, made by the defendant, payable on time. The defendant in his answer alleges, in substance, that as to that part of the note remaining due he engaged to pay the same upon the plaintiff’s promise that he could collect it of *310one Littlefield in payment of property he was to purchase of the plaintiff, and upon the plaintiff’s agreement that he should not bp liable for the same unless he could so collect it; that he has been unable to collect it, and that Littlefield has since become bankrupt. And so he has never…