National Bank of Commerce v. B. W. Marr & Co.

ON REHEARING.

The trial court found, and I agree with his finding, that there was "fraud in the making of the note, the fraud being on the part of B. W. Marr Company and to the injury of A.L. Hill, the defendant." The burden was then cast on the plaintiff to prove that it was a holder in due course. To do so, it must have shown "That he took it in good faith and for value * * * that at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it." 2 Comp. Laws 1929, § 9301.

The facts, as I gather them from the record,…