Stevens v. Bailey

Opinion op the Court by

Drury, Commissioner

Reversing.

The appellant, F. L. Stevens, sued the appellee, Bailey, upon six promissory notes Bailey had executed and delivered to the Brenard Mfg. Company, which Stevens claims to have purchased from the Brenard Mfg. Company before their maturity and without notice of any infirmity therein. These notes aggregated $360. Bailey admitted executing the notes, but pleaded that they were obtained from him by fraud and that Stevens was not the owner of them or if the owner of them, had taken them with notice of the fraud. There were thus two issues raised:…