
    Ewing v. Miller.
    A plea of fraud is good against an assignee of a bill obligatory.
    ERROR from the Circuit Court of St. Louis county.
   McGirk, C. J.,

delivered the opinion of the Court.

This was an action of debt, brought by Ewing, assignee of one Myers, of a bill single obligatory. Miller plead, the consideration which Myers gave him was fraudu-* lent. To this plea there was a general demurrer. The plea states, also, that Ewing, when he purchased the bond, knew of the fraud. This demurrer was overruled by the Court, and judgment for defendant; to reverse which, is the object of this writ of error.

This is a plain case: fraud is pleadable at law to the consideration between the original parties. The statute authorizing the assignment of bonds, expressly ■saves this defence and every other to the obligor, when he is sued by the assignee.

The judgment of the Circuit Court is affirmed with costs.  