Rosenberg v. Gilson

For the purposes of this appeal we need not consider the question whether the record supports the finding of the trial court that Merar obtained the note from the defendant by fraud. We shall assume that it does. The sole question is whether the plaintiff is the holder of the note in due course. ■

Defendant relies upon the provisions of sec. 116.64, Stats., which read as follows:

“Burden of proof as to title. Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the…