National Bond & Investment Co. v. Howard

Action in the City Court of Buffalo on a promissory note made by defendant to the Woodward Motor Company, Inc., and by it negotiated to plaintiff. The answer pleaded a conditional delivery with fraud in the negotiation and notice thereof to plaintiff' and also pleaded usury. Plaintiff had judgment which was reversed and a new trial directed by the Special Term upon appeal. Plaintiff appeals.

Thé evidence on behalf of defendant was sufficient to cast upon plaintiff the burden of showing it was a holder in due course, and upon all the evidence the question was for the jury. (Joy v. Diefendorf,…