Jackes-Evans Mfg. Co. v. Goss

.WILLSON, C. J.

(after stating the facts as above). The jury found, and the finding is not in any way attacked by appellant, that the consideration for the check “failed in the way set out in defendant’s (appellee’s) amended original answer.”

But the fact that the consideration had so failed was not a defense against the recovery sought by appellant if it was a holder of the check “in due course”; that is, if it took same “before it was overdue, in good faith and for value, and had no notice of any infirmity in the instrument. Arts. 6001 — 1, 6001 — 52, and 6001 — 57, Vernon’s Statutes 1922…