137 Iowa 73 | Iowa | 1908
This suit is based on an ordinary promissory note made payable to Lewis Haas and transferred to the plaintiff by assignment. The defenses thereto are fourfold. It is alleged that the note was never legally delivered to the payee, and because thereof that his title to the same was defective, and that plaintiff took the note with knowledge of such defect; that the note was without consideration, and that it was transferred to the plaintiff fraudulently and in pursuance of a conspiracy between the payee and the plaintiff. After all of the evidence was in, the appellant moved for a directed verdict. The motion was overruled, and this ruling is now strenuously challenged on the ground that it was shown without conflict that the plaintiff was a holder in due course under the provisions of Code Supp. 1902, section 3060a52.
Bor the errors pointed out, the judgment must be, and it is, reversed.