Wilcox v. Comstock

Defendant made his promissory note to Johnson, by whom it was before maturity indorsed to Wilcox, who in his turn indorsed it to plaintiff, by whom the action is brought upon it. Upon the theory that the note fell due while in Wilcox’s hands, and before its indorsement to plaintiff, defendant undertakes to defeat this action by setting up a claim against Wilcox, as follows: He alleges a for-

mer partnership between himself and Wilcox, which was dissolved long before the commencement of this action, but whose affairs have never been wound up, — there having been no settlement or accounting in…