Lee v. McClelland

Action on promissory note indorsed to plaintiff before maturity. The defense was that the note was given to plain tifPs indorser, one TJnruh, as evidence of a deferred payment under an executory contract for the sale of certain land and water stock; that said contract and the note were procured through the fraudulent representations of TJnruh as to the character of the land, and that plaintiff took the note with constructive notice of the fraud. Defendant had judgment, and plaintiff appeals therefrom and from an order denying him a new trial, his principal contention being that the evidence…