Consolidated Motors Co. v. Urschel

The opinion of the court was delivered by

Mason, J.:

Consolidated Motors Company sued D. F. Urschel, claiming to be the holder in due course of a negotiable note upon which he was liable. Judgment was rendered for the plaintiff and the defendant appeals.

1. The instrument sued upon was a “myself” note, executed by Urschel, made payable to his own order, and by him indorsed in blank. The answer alleged that Urschel signed, indorsed and delivered the note to the Associated Mill and Elevator Company, being induced to do so by its false and fraudulent misrepresentations of material matters. In the…