Gould v. Bester

The defendant presents for our consideration seven assignments of error, all of which are founded upon instructions given to the jury. They present two principal problems; first, whether the fraudulent representation revealed by the evidence constitutes a defense only to the extent of defendant’s actual damage, or whether they defeat recovery upon the note; second, whether the instruction of the court correctly informed the jury as to the effect upon the bank of the knowledge acquired by its cashier, Beals, in the consummation of the transactions out of which the note arose.

Before proceeding…