McGill v. Young

Citations

• 16 S.D. 360
• 92 N.W. 1066
• 1902 S.D. LEXIS 120

Syllabus

<p>1. Where, in. an action on a note by an indorsee, fraud in the execution of the note, pleaded as a defense, was clearly established, the fact that plaintiff’s evidence was not directly contradicted did not require the direction of a verdict for plaintiff; the jury being warranted, from facts and circumstances disclosed by plaintiff,.in inferring that he was connected with the payee in the perpetration of the fraud.</p> <p>2. In an action by an indorsee on a note obtained by fraud, where defendant claimed that plaintiff was not a bona fide purchaser for value, an instruction merely stating the claims of both parties, and concluding that the jury should determine the question whether or not plaintiff was a purchaser in good faith, for value, before the note became due, was proper.</p> <p>3. Where a note sued on by the indorsee was void for fraud as between the original parties, an instruction that if, after considering all the evidence, and the circumstances disclosed by the evidence, the jury were satisfied that plaintiff was not a purchaser of the note sued on, in good faith, for value, before maturity, in the ordinary course of business, the verdict should be for defendants, was not misleading by the use of the words “circumstances disclosed by the evidence.”</p> <p>4. In an action by an indorsee of a note obtained by fraud, the burden of proof is on the plaintiff to show himself a purchaser in good faith.</p>