Hamilton v. Ramage

Citations

• 89 Wash. 649
• 155 P. 151
• 1916 Wash. LEXIS 849

Syllabus

<p>Bills and Notes — Consideration—Partial Failure — Evidence. In an action on a note, a partial failure of consideration, as a defense pro tanto, is established, where the payee was unable to perform its contract to furnish the maker a quantity of cement, to be measured by market value, which exceeded the amount due on the note.</p> <p>Same — Assignment—Notice of Defenses. Partial failure of consideration is a good defense to a note in the hands of an assignee who took with full notice of the infirmity.</p>