State Bank of Alcester v. Weeks

Plaintiff recovered judgment on a promissory note, and defendant appeals.

The defense is that the note was procured by fraud, want of consideration, and failure tO' prove title. Plaintiff admits the note was obtained from defendant by false and fraudulent representations; but plaintiff is an indorsee of the note, and claims that it is entitled to recover as a “holder in due course.” Defendant contends, among other defenses, that it does not appear from the note itself, nor from any evidence in the record, that the note was indorsed by a person having authority so to do, and that the note is…