Smalley v. Hale

This was a suit upon promissory notes. The defence relied upon on the trial was that the notes had been obtained by fraud and misrepresentation. The instructions which were given on either side placed the case before the jury on this defence alone. The evidence furnished an ample basis for such instructions. On the part of the defendant the jury was told in effect that if the payee obtained the notes from the defendant by means of false representations which induced him to execute the notes, or by knowingly concealing material and substantial facts, unknown to the defendant, which, if they…