Tltó opinion of the court was delivered by

If the plaintiff, at the time of taking the promissory note on which the suit is founded, knew that the mill-stories, which formed the consideration of the note, were defective; arid fraudulently concealed that defect from the defendant, the consideration wholly failed, and no suit could be sustained bn the note. Whetherthe plaintiff had or not a knowledge of the defect alleged, and concealed that knowledge from the defendant, was a question for the jury on the evidence, and the court could not *89'properly have instructed them, as prayed, that the. plain« tiff was entitled to recover.

áu»sheet affirmed.