Mt. Hamill State Savings Bank v. Hughes

I. The note in suit was for $1,050, and was one of a series of fifty given for the same amount by the same young man for an alleged hog remedy called ‘ ‘ Santo, ’ ’ no part of which he ever received. The fraud in the inception of the note was very manifest, and was treated by the court as an established fact. The court, therefore, submitted to the jury but one issue, and that was: Did the plaintiff have notice of the defect in the title at the time of its purchase? The court instructed the jury definitely in Instruction 6, and incidentally in other instructions, that the burden was upon the…