Witenberg v. Sylvia

This is an action by one claiming to be a holder in due course, to recover the amount of a check from the maker and the payee who had endorsed it, payment having been stopped thereon. The payee defaulted and the maker contended that the plaintiff was not a holder in due course. The trial court found that the plaintiff was a holder in due course and entered judgment against the maker and the payee. The maker appeals.

The facts, as found by the trial court, chronologically arranged, are:

August 18, 1948, defendant Harold A. Dahl, d.b.a. South-side Motors and hereinafter called Dahl, borrowed…