First National Bank v. Montgomery

Plaintiff recovered judgment on two promissory notes, and defendant- appeals.

In his answer defendant alleged, and at the trial put in evidence to prove, that the notes were procured from him' 'by means of gross falsehood, -misrepresentation, and deceit.. This allegation was in no way .disputed! by plaintiff, but plaintiff is an indorsee of the notes and claims that it is entitled to recover as a “holder in due course.” Defendant, among other defenses, contends that it does not appear from any evidence in the record that the notes were indorsed1 by any person having authority to indorse the…