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1 Smith & H. 89

Valette v. Mason

Indiana Supreme Court

Decided November 15, 1848

Indiana Supreme Court · decided 1848-11-15

Assumpsit, by an assignee against the makers of a promissory u note governed by the law merchant. The defendants pleaded, inter mi.alia, .that the note was assigned to the plaintiff only as collateral se- ■ 1 curity for certain money lent and advanced by him to the payees; ■kthat said payees had, before 1 he commencement of the suit, fully ■Í; repaid the plaintiff the money so lent, and that the defendants had paid the payees without notice of the endorsement.

Decided 1848-11-15

Smith, J.

¶1— “There can be no doubt that, according to the authorities, the holder of commercial paper, assigned as collateral security, is entitled to be regarded as a holder for a valuable consideration, and is not bound by equities existing between the payee and the makers which would interfere with the collection of hi#, debt; but in a suit on such paper he is not entitled to recover more than the debt actually due to him, if any part of it has been previously paid, or there is no good consideration as between the original parties. Williams v. Smith, 2 Hill, 301. If the plaintiff should recover, in this case, and the facts allegedin the plea are true, he would hold the proceeds of the note in trust for the benefit of the payees, who have already received payment. The judgment is, therefore,.right.”

¶2Judgment affirmed, &c.

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