Auten v. Gruner

The defense made to the note upon which this action is brought, is that the making of it was obtained by fraud and circumvention, and hence it is void under our statute, even in the hands of an innocent assignee for value before maturity. That the making of the note was obtained by fraud and circumvention there can be no doubt on the evidence, and the only question that admits of discussion is, whether defendant used due caution to prevent himself from being imposed upon.

The payee of the note was engaged in selling churns, and for that purpose he called on defendant at his residence on his…