Hoil v. Rathbone

Montgomery, J.. Action was brought in the court below upon a promissory note given by the defendant, payable, to the plaintiff or order. The defense set up was that the plaintiff was not the owner or holder of the note at the time the suit was begun, but that the same was owned and held by plaintiff’s wife, Eva Hoil, who is the defendant’s daughter. Trial was had before a jury, and they found specially—

1. That the note was never indorsed by Warren M. Hoil.

2. That the plaintiff was the owner of the note.

3. That, at the time of the commencement of the suit, *324the note was in the possession of Eva…