Richardson v. Stewart

The first transaction was had on April 21, 1925, by and between Mrs. Holman (now deceased) as mortgagor, and J. E. Turner, as mortgagee, under the assumed name of M. E. Cowan. The note and mortgage represented a loan from Turner to Mrs. Holman. The transaction was wholly free from any fraud or intended fraud against the mortgagor. We will consider first the evidence as it pertains to the first transaction.

The defense is predicated upon the provisions of section 9469, of the chapter on Negotiable Instruments, which provides that a check drawn to a fictitious person, known to be such by the…