164 N.W. 1029 | S.D. | 1917
Action upon a promissory note, negotiable in form, executed to the Farmers’ General Service Company as payee; plaintiff claiming the right to recover as an innocent purchaser for value and before maturity. Verdict and judgment were for the defendant, and from the judgment and an order denying a new trial this appeal was taken.
But even though it should be conceded that for the reasons above stated, such exhibits would have been admissible as against
If appellant believed such records to have been wrongfully received in evidence, and had failed to ask that they be stricken from the record, he yet could have asked the court in its instructions to take such' exhibits from the jury, or to instruct them that they should not consider the same until such time as they had found from the evidence that the plaintiff was' holding the note for the benefit of the original payee. It does not appear that any such instruction was asked for. Furthermore, there are no assignments of error assigning as erroneous any instructions of the court or any refusal to instruct.
Other errors are assigned, but not discussed. The judgment and order appealed from are affirmed.