Security Trust & Safe Deposit Co. v. Duross
Superior Court of Delaware
Action on the Case (No. 60, March Term, 1913), on a promissory note. Motion for judgment notwithstanding affidavit of defense. Judgment for plaintiff. The plaintiff filed an affidavit of demand with copy of the promissory note annexed thereto for the purpose of obtaining judgment, at the first term, under the statute. The note was made by the defendant to the order of another, and by the latter endorsed and negotiated to the plaintiff.
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Action on the Case (No. 60, March Term, 1913), on a promissory note. Motion for judgment notwithstanding affidavit of defense. Judgment for plaintiff. The plaintiff filed an affidavit of demand with copy of the promissory note annexed thereto for the purpose of obtaining judgment, at the first term, under the statute. The note was made by the defendant to the order of another, and by the latter endorsed and negotiated to the plaintiff. The plaintiff, in the affidavit of demand by its proper officer, depo'seth in part, “that said plaintiff is the innocent holder of said promissory note for…
1Opinion of the Court
Boyce, J.,
delivering the opinion of the court:.
The plaintiff’s affidavit of demand is not attacked, and the sole question is the sufficiency of the affidavit of defense upon its face, admitting the facts set up to be true, to constitute a legal defense to the plaintiff’s cause of action.
The contention of counsel for the defendant is that as between the original parties to a promissory ■ note, notwithstanding such a note imports a valuable consideration, the question of consideration may be inquired into, and that the principle of law is the same between the indorsee and'the maker without…
2Cited by8 opinions
- O'TOOle v. United StatesCourt of Appeals for the Third Circuit · 1953
- Rolfs v. MullinsSupreme Court of Iowa · 1917
- Long v. ShaferMissouri Court of Appeals · 1914
- Brown v. Mayor of WilmingtonSuperior Court of Delaware · 1914
- Plewe v. Chicago Motor Coach Co.Appellate Court of Illinois · 1935
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