Burnes v. Scott
117 U.S. 582 (1886)

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U.S. Supreme Court

Burnes v. Scott, 117 U.S. 582 (1886)

Burnes v. Scott

Argued March 23, 1886

Decided April 5, 1886

117 U.S. 582

Syllabus

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.

A defense 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

Page 117 U. S. 583

still unsettled and the amount due from the one to the other therefore unknown, is an equitable defense which cannot be set up in that action.

The making of a champertous, and therefore under the law of the state void 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.

This was an action at law upon a promissory note. The case is stated in the opinion of the Court.

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