Wilmington Trust Co. v. Morgan

Citations

• 28 Del. 261
• 5 Boyce 261
• 92 A. 988
• 1914 Del. LEXIS 41

Syllabus

<p>Bills and Notes—Delivery—Affidavit of Defense.</p> <p>Defendant, being sued by the receiver of a corporation on a note delivered to it, filed an affidavit of defense that the note was issued for certain advances made by the corporation to defendant prior to the date of the note, while defendant was engaged in the corporation business, and that the note was not delivered by defendant to transfer the property therein to the corporation, and that the advances evidenced by the note were expended on behalf of the corporation, which note was not delivered to give effect thereto. Held, that the affidavit sufficiently charged that the note was delivered for a special purpose only, and not to transfer the property and the instrument, within 26 Del. Laws, c. 191, § 16, relating to the character and purpose of delivery of negotiable instruments, and was therefore sufficient to prevent judgment.</p>