Lane v. Evans

1. promissory note: latent infirmities: indorsee. The answer of defendant to plaintiff’s petition alleges that the note sued on was procured by fraud, of which plaintiff had notice when the paper was indorsed to him- There was testimony tending to support allegation of defendant’s answer as to the fraud in the note, and circumstances were shown tending to charge plaintiff with notice of the character of the transaction. Upon this branch of the case the court gave the following instructions:

“1. -If the jury find by a fair preponderance of evidence that the note in question was obtained by…