White v. . Stillman

The plaintiff's point, that the answer says the draft was drawn "for the joint benefit" of Lowber and Stillman Co., and so was not an accommodation draft, and, therefore, could be sold at any rate of discount, has no force; since it is entirely plain, from the whole proof, that the note was, as between Lowber and Stillman Co., entirely without consideration — mere paper, made to raise money upon: and that it had no inception until the money was advanced upon it. This proof was put in without objection; and, had it been objected to, the answer could, and should, have been so amended, on the…