Galloway v. Hobson

The essential issue in this case' is sharply definable. The question is whether the pleaded fraud should have been submitted to the jury. This is an action to recover on a promissory note. The instant plaintiff is not a holder in due course, nor is it claimed that he so classifies, under the definition in the Negotiable Instruments Act. Plaintiff is a transferee only of the note.

The controlling proposition may be stated in another form: Is the defendant (appellant) not now legally privileged to. litigate the pleaded fraud by reason of the terms of the compromise and settlement agreed upon…