Metz v. Jackson

Tbis action was commenced by the appellant as indorsee óf a certain promissory note dated May 8, 1906, payable to S. Metz & Sons or order one year after date, which was-signed by the respondent. Neither the note nor the complaint disclosed whether the appellant obtained the note before or after maturity, but in that respect he relied upon the presumption created by Comp-. Laws 1907, section 1611. The respondent filed an answer in which, after stating that the appellant was not a holder in due course, he set up various defenses. One defense was that the note was oK tained by fraud and false…