Burgess v. Nash

THOMPSON, J. The only question presented in this case is whether the defendant can make the defence of par [46] tial failure of consideration, under the provisions of R. L., s. 911. As held in Hoyt v. McNally, 66 Vt. 38, heard and decided this terra, the plaintiff is not an original party to the note in suit within the meaning of the statute, and, therefore, this defence cannot be interposed. Judgment affirmed.