The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1894-04-20

Mr.. dickson says that ASouth Caro-
lima law compelled parties to trad,
to give the worth of your money, ant
if either party misrepresented they
were held liable for it, and this could
be set up as defense and was hello
to be sound defense, y ETC., and wher
in case of a note or other negotiable
paper, it had fallen into the hands Of
one who was, what is called an limo
cent purchaser, and he knew of the
circumstances before purchasing this
defense was good even against him
and this was just the situation in this
case, but it could not-avaIl simply be-
cause the courts Of Florida do not rec.
ognize such as a defense against such
claims. 1t does-not recognize this as a
defense even between the original
parties" | have quoted lengthily,
and verbatim from Mr.. Hickson in
order to show the utter absurdity Of
his position and its utter want of foun-
datIon. / undertake to say that the
South Carolina courts never laid down
nor attempted to establish such coa-
glomerated doctrine as Mr.. Hickson
attributes to them. They are too well
learned in the law, and endowed with
degree of common sense that would
not allow them to be caught in the at
titude Mr.. Hickson has placed them
IL a, before maturity. purchases a
note from j signed by G, payable to
B, and G has a defense thereto on ac-
tount Of BIS fraud, and A is ignorant
of such fraud, then G cannot defeat
payment by showing BIS fraud.
Under these circumstances A is an
innocent purchaser. If he knew of
the circumstances of fraud he is not
an innocent purchaser. How can one
therefore be an innocent purchaser
and a purchaser with notice at the
same time, as Mr.. Hickson has said /?
Mr.. Hickson has evidently tried to say
something and has failed.
He has attempted to say that Mr..
Mcintyre is not an innocent purchaser
of the note signed by him. He would
have the public believe that Mr..
Mcintyre was III the habit of buying
fraudulent paper for the purpose of
squeezing the unfortunate debtor
Glass; In this effort he has evidently
forgotten the words he used in his let
ter to Mr.. Mcintyre, under date of
March 8th, 1893, written in the deIib-
Grafton and quietness of his own home
at Orange Lake.
Here's what he says on that score /:
" All that you say in your Letter of the
Isl inst. is so far as / know literally
correct II know that you are an
innocent party, and according to law
you can shut me out from all defense,
no matter how good and just a one |
may have II will say to you that |
have fixed up matters so that you can
not force it out of me and if you at
tempt it will put the papers cn rec
ord.'
How can Mr.. Hickson say to Il e
public, in his published article that
Mr.. Mcintyre was not an innocent
party, and in his letter to him say, 81
Fnow you are an innocent partY?n
am told that he was allowed time
in the trial Of the matter in court to
file a plea to the effect that Mcintyre
was not an innocent party, but with
this letter staring him in the face he
dared not do it.
Now, Mr.. Editor, who is on the
shady side of this transaction? Is ii
Mr.. Hickson or is it the holder and the
payee of that note? VIII the people
blame the courts because Mr.. Hick-
son slipped up in his threatened fraud
The courts of Florida will give relief
to the poor as well as to the rich. But
it will check every attempt at fraud,
made by either party, be he worth
millions or upon. starvation's berdor.
/ had hoped that some one other
than myself would reply to Mr.. Hick-
sons "tale of woe,n but up to this
date seeing none feel that it might
so unnoticed, thereby causing false
and dangerous impression to be made
upon the minds of the credulous and
unthinking, concerning the courts OF
justice ia this state, and above all my
high regard and admiration for the
purity and ability Of our Judge, w. A.
Hooker, has impelled me to write as /
have. / have written in all kindness
towards Mr.. Hickson, and sincerely
hope that he will, with his usual cam
dor, and as publicly as he has charged
withdraw his groundless attack. 9th
erwise, ] say away with such compre-
tensions as Mr. Hickson's, away with
his one eyed observations, and away
with such warped judgment, the crea-
lures of political disappointment.
p AxyNrn.N-T, u rry1e.r-