MR. JUSTICE HUNT delivered the opinion of the court.
This action was brought to recover the amount of two promissory notes of $1,000 each, given by the firm of Fuller & McKibben to H.B. Claflin & Co., and dated July 1, 1870.
A defence was set up that the execution of the notes was procured by an agent of the holders, who presented the statement of an account showing a balance of $3,407.73; that, believing the statement to be accurate, the defendants...
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