Leach v. Frederick

Kimball, Justice.

This is an action on a promissory note signed by the defendants, payable to R. E. Wilkinson. Plaintiff claimed to be the holder in due course by endorsement. The defendants claimed that their signatures to the note had been procured by false and fraudulent representations; that the note was never delivered for the purpose of giving effect thereto, and that the plaintiff was not a holder in due course. The case was tried without a jury, and the judgment on a general finding was for the defendants. The plaintiff brings the case here by appeal.

In the answer, the fraud in…