Tiefenthaler v. Biersach

It is claimed by counsel for appellant that the note in question was obtained by fraud; that the title of Osborne, who negotiated the note, was defective; and that under secs. 1676-^-25 and 1676 — 29, Stats., the burden was placed upon plaintiff to prove that he acquired title as holder in due course.

It is claimed by respondent’s, counsel .that the representations made at the time of the execution of the note did not amount to fraud within the meaning of sec. 1676 — 25. We shall not discuss this question since we are convinced that plaintiff met the burden of proof required by sec. 1676 — 29.

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