Work v. Whittington

This is an appeal from an order granting plaintiff a new trial in an action tried by a jury.

Plaintiff, the holder of two promissory notes executed by defendants as the makers and indorsed by the payee, brought the action to recover on the notes. He claimed that they had been indorsed and delivered to him before maturity, in due course, and without notice to him of any infirmity in them, and that he paid full value therefor. Wherefore he claimed that he was entitled to recover regardless of any fraud which the payee may have practiced upon these defendants.

Plaintiff’s motion for a new trial…