Smith v. Jones

The opinion of the court was delivered by

Hutchison, J.:

This was an action upon a promissory note alleged by the plaintiff to have been purchased by him from the payee thereof before maturity for a valuable consideration and without knowledge of any defect therein or defense thereto and that he was the holder thereof in due course.

The answer admits the execution of the note and alleges that it was executed by reason of false representations and fraud of the payee thereof, setting the same out in detail. The answer further alleged that the plaintiff was not a holder of the note in due course…