Cannon v. Canfield
Nebraska Supreme Court
Appeal from Johnson county. Tried below before Weaver, J. If the note is regular commercial negotiable paper, fraudulent representations made to obtain it will not vitiate in the hands of a bona fide purchaser before due for value.
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Appeal from Johnson county. Tried below before Weaver, J. If the note is regular commercial negotiable paper, fraudulent representations made to obtain it will not vitiate in the hands of a bona fide purchaser before due for value. Edwards on promissory notes, p. 325. Davis v. Bartlett et al., 12 Ohio State, 537. Wortendyhe v Meehan, 9 Neb., 229. If the transferrer of negotiable paper before due show that he paid value for it, the burden of proof is on the party seeking to defeat its collection, to show that he — the transferee; — knew that the note was illegally obtained from the maker. Id.…
1Opinion of the Court
Maxwell, Cu. J.
This is an action enjoining the defendant from transferring a certain promissory note executed by the plain*507tiff, and to have the same delivered up and cancelled. A decree was rendered in favor of 'the plaintiff in the court below. The defendant appeals to this' court. The note is as follows:
“$100.00.
“Tecumseu, Johnson County, Nov. 6th, 1879.
“ One year after date I promise to pay the treasurer of the Nebraska Iron Fence Co. of Nebraska City, Nebraska, or bearer, the sum of one hundred dollars, at State Bank of Nebraska, Seward, Nebraska, value received, with interest at ten per…
2Cited by3 opinions
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- Lassas v. McCartyOregon Supreme Court · 1906
- Piper v. NeylonNebraska Supreme Court · 1913