84 Neb. 808 | Neb. | 1909
Suit upon a negotiable intrument by an indorsee thereof. There was judgment for defendant, and plaintiff appeals.
Defendant- alleges that the payee’s agent induced Mm to become so intoxicated that he was incapable of understanding the legal effect of said instrument, and while in that condition he signed the note without knowing or comprehending its force or nature; that the note was given for a pretended right to vend a patented invention, but does not contain the statement that it was “given
The note in suit is payable to the Leader Fence Machine Manufacturing Company, or bearer, and Fordyce seems to have been the general manager of that company. The evidence tends to prove that, about a week before the note Avas signed, Fordyce induced defendant to sign two contracts wherein he agreed to purchase several fence machines from said company and to act as its exclusive agent for at least a year for the sale of said machines in three townships in Johnson county. Each writing recites that the defendant has given his obligation to pay for the machines purchased. Defendant refused to give his notes, but later, in Sterling, Avas plied by Fordyce Avith whiskey until intoxicated, and, while incapable of understanding what he Avas doing, was induced by Fordyce to sign the instrument in suit. Section 9395, Ann. St. 1907, provides that there shall be written or printed above the signature and across the face of all notes given in consideration of the right to make, use or vend a patented invention, or an invention claimed to be patented, the Avords “Given for a patent right,” and that such an instrument shall at all times be subject to all defenses
Over defendant’s objections it was shoAvn that Fordyce, about 15 to 30 days after he secured the note from defendant, told the Avitness that he, Fordyce, “got Sikyta
For the errors referred to, the judgment of the district court is reversed and the cause remanded.
Reversed.