FOLEY v. SMITH


73 U.S. 492 (____)

6 Wall. 492

FOLEY v. SMITH.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Miles Taylor, for Foley & Co., plaintiffs in error:

Mr. Durant, contra.


Mr. Justice MILLER delivered the opinion of the court.

We cannot see how the Circuit Court could have rendered any other decree than that which it did, namely, to dismiss the appellant's claim.

The rule of law that he who takes a note overdue and dishonored, takes it encumbered with all the equities between the prior parties to it, is the law of Louisiana as well as of those States which have adopted the common law. This is well established by the numerous...

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