Cox v. Cline

Weaver, J.—

Tbe note in suit was given for tbe purchase price of a stallion. Tbe defendants resisted payment on tbe ground that tbe note was procured by fraud, and that plaintiff is not a bona fide bolder. Tbe cause was twice tried in tbe court below; a verdict for defendants being returned in each instance.

I. In its charge to tbe jury the trial court, after stating tbe issues, proceeded as follows:

*130Seventh. The burden is first npon the plaintiff to establish that he is now the owner of the note sued npon, that he acquired the same in the ordinary course of business and before the same was due,…