First State Bank v. Borchers

Action on a negotiable instrument by an endorsee thereof. Plaintiff prevailed, and defendant appealed.

The defense is that defendant’s signature to the note in question was procured by fraud and deceit, and upon the payee’s representation that it was a copy of an agreement relative to an option to purchase a farm gate; that defendant cannot read the English language, and relied on the payee’s statements; also a denial that plaintiff was a bona fide purchaser. The testimony tends very strongly to prove that the payee did cause defendant to believe that he was -merely signing a writing…