First National Bank v. Navins

This is an action by the payee against the maker of a promissory note. The defendant answered, in substance, that the note was given in renewal of a former note, and that such previous instrument was procured by the fraud of plaintiff’s agent, acting in conjunction with others. A .trial to a jury resulted in a verdict for defendant. The plaintiff brings the cause here for review.

Error is assigned to the trial court’s giving to the jury defendant’s requested instruction No. 1. That instruction reads as follows:

“You are further instructed that the fact that the defendant renewed the original…