George Allen v. Frank Arguimbau
Decision Date | 01 May 1905 |
Docket Number | No. 523,523 |
Citation | 198 U.S. 149,49 L.Ed. 990,25 S.Ct. 622 |
Parties | GEORGE W. ALLEN, Administrator of the Estate of John J. Philbrick, Deceased, Plff. in Err. , v. FRANK M. ARGUIMBAU, as Surviving Partner of the Copartnership Composed of Frederick A. Schroeder, Edwin A. Schroeder, and Frank M. Arguimbau, Doing Business under the Firm Name and Style of Schroeder & Bon |
Court | U.S. Supreme Court |
This was an action upon two promissory notes for $2,500 each, payable to Horace R. Kelly, indorsed to the Horace R. Kelly & Company, Limited, and by that company indorsed to the firm of which Arguimbau was survivor.
Many pleas were interposed in defense, and, among them, several filed March 24, 1900, and several filed February 2, 1903. By the first of these pleas, defendant below, plaintiff in error here, averred
The second and third pleas were so nearly identical with the first that they need not be set forth. The pleas of February 2, 1903, set up the same defenses in substance, coupled with the allegation that at the time of the indorsement each of the indorsees had notice of the contract alleged to have formed the consideration of the notes. All these pleas were separately demurred to, special grounds being assigned to this effect; that neither of the pleas stated facts constituting any defense; that the consideration of the notes sued on was the promise of Horace R. Kelly to have cigars manufactured in Key West, and neither of the pleas alleged a breach of the promise that neither of the pleas averred that the alleged proposed contract between the two companies in the pleas stated, and alleged to be illegal, was ever consummated or executed or anything done thereunder; that if cigars were manufactured in Key West, under the said contract between the said two companies in the said pleas stated, the defendant and his intestate derived the same benefit, and received the same consideration for the said notes, whether said contract was legal or illegal.
The demurrers were severally sustained, the case went to judgment in favor of plaintiff, and was taken on error to ...
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