Farmers State Bank v. Brenneke

The opinion of the court was delivered by

Marshall, J.:

This action is one to recover on two promissory notes. Judgment was rendered in favor of the plaintiff and the defendant appeals.

The defense was that the notes, which had been given for certificates of shares in the Associated Mill and Elevator Company, had been procured by fraud and that the plaintiff had purchased them with knowledge and notice of that fraud.

*252Complaint is made of the following instruction:

“15. As heretofore instructed the possession of negotiable instrument properly indorsed, is prima jade evidence that the holder is the…