Tiedt v. Larson

Action by an indorsee against the maker on two promissory notes. At the trial below the one defense of an alleged offset, which defendant claims to have against the maker of the notes, was not reached because plaintiff had a directed verdict upon the theory that he had established as a matter of law his position as holder in due course. The appeal is from an order denying defendant’s motion for a new trial. Our conclusion that there must be a reversal, because the evidence made it a jury question whether plaintiff was a holder in due course, requires a consideration in some detail of portions…