Whittlesey v. Drake

Appellant sued upon a promissory note given by defendant Drake to Northwestern Investment Company, alleged purchased by her as a holder in due course. The appeal is from a judgment rendered on verdict for the defendant.

The execution of the note was admitted, but as an affirmative defense the answer pleads a conditional delivery, and failure of consideration, which, in the hands of the original holder, would have been a good defense; and, as it pleads also knowledge and notice of these facts by the' plaintiff, appellant’s first assignment of error, in admitting evidence of the affirmative…