Sarah E. Sullivan, Respondent, v. Joseph F. Bonesteel,, Appellant

Sarah E. Sullivan, Respondent, v. Joseph F. Bonesteel,, Appellant. The maker of a promissory note, in an action thereon by a transferee,, cannot assail plaintiff’s title on the ground that the transfer was made in fraud of the creditors of the payee; the transfer can only be assailed, on there account by the creditors or some one representing them. (Argued December 6, 1879; decided January 13, 1880.) This was an action upon a promissory note given by-defendant to one Sullivan, for full value. Sullivan transferred the note, with others, to one Evans, to pay a.debtPof ono-third their amount, Sullivan was afterwards, on his own petition, adjudged a bankrupt; after he filed his petition, Evans r.e-transferred the notes to him, and ho, before the maturity of the note in suit, transferred it for value to plaintiff. Held, that these facts constituted no defense, the court stating the rule as above. Edward Harris for appellant. John O. Gochrane for respondent. Earl, J., reads for affirmance. [MAJORITY] All concur. Judgment affirmed.