United States v. Nagorney

HOPKINS, District Judge.

The action is on a promissory note. Defendants in answer have pleaded fraud and want of consideration. No question is raised but that the United States acquired the note in due course. The question of negotiability is the only one for present consideration. An order was entered submitting for determination in advance of trial the question, “Is the note sued upon a negotiable instrument?”

Defendants, the Nagorneys, executed the note to one J. S. Batchel for the installation of a furnace. Batchel transferred the note, and it came into the possession of the United States…