Lewinson v. Frumkes

TERRELL, Justice.

Appellant sued appellee on 'two promissory notes that were executed by another in favor of appellee. They were endorsed by appellee prior to maturity and purchased by appellant for value in due course. The answer to the complaint sets up two defenses: (1) Admitted the execution of the notes as alleged but averred that they were the product of fraud and deception on the part of another, and being so, appellee was free from negligence. (2) Said notes bore usurious interest, but that point is not involved in this case. Evidence by dcposition was proffered in support of the…