Burnes v. Scott

Citations

• 117 U.S. 582
• 6 S. Ct. 865
• 29 L. Ed. 991
• 1886 U.S. LEXIS 1875

Syllabus

<p>In a suit at law, by the payee of a promissory note or- his representatives, against the maker, evidence is inadmissible to show that the note was not intended to be a promissory note, but was given as a memorandum not to be enforced against the maker. .</p> <p>A defence in an action at law by the payee of a promissory note, or his representatives, that there was a failure of' consideration in that the note was based upon certain partnership transactions between the parties which are still unsettled, and the amount due from the one to the other 'therefore unknown, is an equitable defence which cannot be set up in that action.</p> <p>The making of a champertous, and therefore under the law of the State vbid and illegal, contract for the prosecution of a suit to collect a promissory note, cannot be set' up in bar of a recovery on the note.</p>