Holleman v. Harnett County Trust Co.

His Honor instructed the jury to answer the third issue “Nothing” if they answered the first issue “Yes” and the second “No.” There was evidence tending to show that the notes were procured by false and fraudulent representations, as alleged by the plaintiff, and as the title of the Union Trust Company (in case of an affirmative answer to the first issue) was made to depend on the question whether the Har-nett County Trust Company was a holder of the notes in due course, his Honor’s instruction as to the law applicable to the second issue was a matter of special importance to the defense.

This…