141 Mass. 405 | Mass. | 1886
The defendant gave his promissory note to the plaintiff, payable to his own order, and indorsed by him. The plaintiff negotiated the note, and received and retained the money procured upon it. When the note became due, the defendant paid it, and afterwards sued the plaintiff to recover from
The question whether want of probable cause appears is solely for the court, except so far as it depends upon disputed facts, which must be determined by the jury. In this case, the facts claimed by the plaintiff, with the undisputed facts, do not show want of probable cause, and will not sustain a verdict for the.
Exceptions overruled.