Sadler v. White

This suit is instituted upon the following instrument, signed by the defendants:

“On the first day of January, 1857, we, or either of us, promise to pay T. 1. Warsham or bearer, three hundred and fifty dollars, for value received, with eight per cent, interest from maturity till paid.”

There was judgment for plaintiff, and defendants have appealed.

Payment of the note is resisted, upon the ground of a failure of consideration, and that the plaintiff, a third holder, is bound by the equities between the original parties to the same.

The answer avers, that the note was given for and in part…