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ORCHARD v. HUGHES

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68 U.S. 73 (1864)

1 Wall. 73

17 L.Ed. 560

ORCHARD v. HUGHES. Id. v. Id.

Supreme Court of United States.

February 1, 1864.

Attorney(s) appearing for the Case

Messrs. Woolworth and Kernan for the appellant, Orchard; Messrs. Redick and Carlisle, contra.

Mr. Justice NELSON delivered the opinion of the court:

1. The fatal defect in both the answer and the proofs is, that, admitting every allegation against the legality of the bank charter, and of the worthlessness of the paper issued by the bank, Orchard, the maker of the note and of the mortgage, has not been the sufferer. The bills constituting a portion of the consideration of the note, he used in payment of his debts, while...

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