Wilsey State Bank v. Amend

The opinion of the court was delivered by

Dawson, J.:

This was a second action on four negotiable promissory notes.

In the first action the plaintiff claimed to own them by endorsement before maturity as a holder in due course. The answer was a verified general denial and that the plaintiff held them merely for collection, and a further defense was pleaded which might have been good against the original payee or a subsequent holder bound by the same infirmities. The jury was asked; “Is the plaintiff the owner and holder of the notes sued on in this action?” The jury answered: “No.” Plaintiff was…