91 N.J. Eq. 76 | N.J. | 1919
The complainant filed his bill to establish Darling’s liability-on two promissory notes which plaintiff claimed had been fraudulently destroyed, notes being substituted with the defendant’s name endorsed but not by him or his authority. Motley v. Darling, 86 N. J. Eq. 185. The complainant succeeded
It would not be equitable to require Darling to pay the notes without receiving the security which it was meant he should have. We‘therefore agree with the learned vice-chancellor. The decree is affirmed, with costs.
For reversal — Minturn—1.