Gigoux v. Griffith

The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from a judgment rendered in favor of plaintiff, J. F. Gigoux, against Charles Griffith, upon a promissory note executed by Griffith to the Denver, Laramie & Northwestern Railroad, which had been transferred to plaintiff. The execution of the note was admitted but defendant alleged that it had been procured through *276fraudulent representations of the payee, of which the plaintiff had knowledge, and that he was not a holder in due course. There was a further defense that the note was barred by the statute of limitations.

It…