Jaccard v. Shands

27 Mo. 440

Opinion

Scott, Judge,

delivered the opinion of the court.

This is an action on a negotiable promissory note endorsed to the plaintiffs before maturity. The defence is fraud in the consideration, and failure of consideration. Nothing is clearer than that such a defence is wholly inadmissible against the endorsee of a negotiable note, endorsed before maturity. The court very properly overruled the instruction asked by the defendant.

The other judges concurring, the judgment will be affirmed.