Foley v. Hardy

The opinion of the court was delivered by

Harvey, J.:

This is an action by one claiming to be a holder in due course upon two instruments which are alike and which read as follows:

“$2500.00. Little River, Kansas, March 31, 1920.

“Six months after date I promise to pay myself $2500.00 Twenty-five Hundred Dollars, for value received, with interest at 6% per annum.

50c canceled revenue stamps. John Hardy.

“Indorsed: John Hardy.”

The defense was that the instruments were executed by fraud and were without consideration. The case was tried to the court upon an agreed statement of facts to the effect,…