Howard v. TRUSCO FINANCE COMPANY

It is the contention of the defendant in the first ground of his amended motion for a new trial that, as against the plea of non est factum, the conditional-sal© contract was improperly admitted in evidence upon the testimony of the plaintiff that it was blank at the time of his signature and was subsequently filled out for an amount other than that upon which the parties had agreed. Such contention would be sound if the suit had been brought by the payee, but the plaintiff here is a bona fide holder in due course of the sale contract and notes, without notice of any infirmity therein. The…