Allen v. Hernon

OPINION

By the Court,

Badt, C. J.:

The main question here presented is whether the trial court properly applied the rule, with respect to negotiable instruments, that as between innocent parties, the one whose negligence has occasioned the loss must bear it. The facts establish this case as a classic example for the application of the rule as applied by the district court.(1) The action to set aside a note and trust deed was commenced by the Allens, husband and wife, makers of the note and trust deed involved, against Clark County Mortgage Company, a corporation, payee of the note and…