Commercial National Bank v. Wester

The issues submitted to the jury and their answers thereto are as follows:

“1. Was the execution of the two notes referred to in the pleadings procured by false and fraudulent representations as alleged in the answer of defendant? Answer: Yes.

“2. If so, did the plaintiff acquire said notes in due course for value, and before maturity, without actual notice of said false and fraudulent representations ? Answer: Yes.

“3. At the time of execution of said notes did the salesman of the Cumberland Eailway and Power Company deliver to the defendant a contract in accordance with section 6367 of…