Dickey v. Baer
Dickey v. Baer
Opinion of the Court
Defendant gave Robinson her note payable to him or bearer, for lightning-rods put by him on her house. He sold the note to plaintiff" before it was due, and plaintiffs testimony was to the effect that he' bought • it in good faith and without notice of any defence or that it would not be paid; while defendant’s husband testified that he warned plaintiff not to trade for it, as it was not .a just debt and would not be paid. The pleas to the suit upon it were, the general issue, and failure of consideration. Plaintiff testified, that he had been in the habit of purchasing these notes, and had always been careful in making such purchases, making inquiries as to the solvency of the makers of the notes, before buying them. It was objected that his custom as to other notes was not relevant or admissible; and the objection was overruled.
There was testimony for defendant that the rods were worthless, of defective material, breaking soon after be
Case-law data current through December 31, 2025. Source: CourtListener bulk data.