Bank of Commerce v. Sams

The opinion of the court was delivered by

DAWSON, J.:

The chief question in this case arises from the admission of certain testimony offered by the defendant in an action to recover on a note given for certain bonds issued by a cement company. Defenses of misrepresentation and fraud and want of consideration were eliminated by the district court. Another defense was the alteration of the note after its execution and without the • defendant’s consent, but this case should be determined upon the main defense, which was a verified denial of the plaintiff’s ownership of the instrument.

The note was…