Bourke v. Spaight

The opinion of the court was delivered by

Mason, J.:

David Bourke sold two horses to James J. Spaight, taking in payment a negotiable note, which he indorsed to R. J. Whalen. Whalen sued upon the note and Spaight resisted payment, alleging that he had rescinded the contract of purchase and restored the horses to Bourke because they had proved not to be ass -warranted and represented. Whalen recovered judgment, however, upon the ground that he was an innocent purchaser of the note. Spaight then sued Bourke,. alleging his version of the facts, and recovered the amount of. the Whalen judgment,…