Fidelity & Deposit Co. v. Atchison, Topeka & Santa Fe Railway Co.

From the record in this case it appears .the parties entered into the following stipulation:

“Plaintiff states in open court that it does not contend that the defendant or the defendant’s agent actually knew that Marie Vestring was wrongfully, criminally, or unlawfully embezzling, misappropriating, or unlawfully abstracting the funds of said checks from the estate of Frank Weik, deceased.”

Our statute, G. S. 1935, 52-506, provides:

“To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had…