Faber v. Van Zyl

— The appellee defended against the note in suit on the ground that it was procured by false and fraudulent representations on the part of one Rutger as to the character and value of certain shares of stock of the National Potash Corporation, for the purchase of ft was giYen, and as to the financial standing, operations, and earnings of the corporation. It was alleged by the defendant (1) that Rutger was the agent of plaintiff to sell such stock, and (2) that plaintiff was not a holder in due course of the note in suit. The reply of plaintiff denied any fraud, alleged that plaintiff was a…