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1 Mo. 234

Ewing v. Miller

Supreme Court of Missouri

Decided November 15, 1822

Supreme Court of Missouri · decided 1822-11-15

<p>A plea of fraud is good against an assignee of a bill obligatory.</p>

Decided 1822-11-15

McGirk, C. J.,

¶1delivered the opinion of the Court.

¶2This was an action of debt, brought by Ewing, assignee of one Myers, of a bill single obligatory. Miller plead, the consideration which Myers gave him was fraudu-* lent. To this plea there was a general demurrer. The plea states, also, that Ewing, when he purchased the bond, knew of the fraud. This demurrer was overruled by the Court, and judgment for defendant; to reverse which, is the object of this writ of error.

¶3This is a plain case: fraud is pleadable at law to the consideration between the original parties. The statute authorizing the assignment of bonds, expressly ■saves this defence and every other to the obligor, when he is sued by the assignee.

¶4The judgment of the Circuit Court is affirmed with costs.

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