Palmer v. Goodwin

Citations

• 5 Cal. 458

Syllabus

<p>The holder of negotiable paper indorsed before maturity, is supposed to be the bcma fide owner of the same, and all intendments are in favor of his right.</p> <p>The presumption of the law is in favor of such holder, to rebut which, it is necessary to show by competent testimony that he is not the bona fide holder, or that the note was not indorsed until after maturity, or some other fact from which the law will imply a fraud.</p> <p>It is not necessary that the plaintiff should show how he became possessed of the note, or the consideration paid ; the onus is on the defendant, and facts proven, and not suspicions, are necessary to defeat a right of recovery.</p>