Kirkpatrick v. Smith

Adams, Judge,

delivered tbe opinion of the court.

This was an action brought bjr the plaintiff as indorsee, against the defendant Smith as maker, and the defendant Weakley as indorser, of a negotiable promissory note. The petition alleges that the plaintiff was indorsee of a note for value before maturity. The defendant Weakley set up no defease ; the defendant Smith set up by answer the following defease : He denied that the plaintiff was an innocent holder before maturity for value, and charges that there was a fraudulent combination between Weakley and the plaintiff to deprive defendant of…