Ocean Nat. Bank of N.Y. City v. . Carll

The only point presented for the consideration of this court is, that the plaintiff failed to prove that it was a bona fide holder for value of the note upon which the action was brought. The possession of the note was sufficient prima facie to establish this, but when it was proved that the note was given without consideration, and fraudulently put in circulation, it was incumbent upon the plaintiff to prove the fact. (45 N.Y., 762.) It was sought to prove the fact by the president and discount clerk, but these officials did not occupy their respective positions at the time the note was…