Bell v. Klusman

*607The opinion of the court was delivered by

Burch, J.:

The action was one to recover on a promissory note. The general verdict was for defendant. Judgment was rendered for plaintiff, on special findings of fact, and defendant appeals.

On March 19, 1921, Klusman gave his note, due September 1, 1921, to Tobin. On May 6, 1921, for a valuable consideration, Tobin indorsed the note and delivered it to Bell. The defense was that the note was procured by false representations of Tobin, and Bell was not a holder in due course.

The answer alleged that in the spring of 1921 Tobin made statements to Klusman…