158 Mich. 270 | Mich. | 1909
The undisputed evidence shows that six notes, bearing the genuine signatures of the defendant as maker, in suit in this case, came to the hands of the plaintiff as a bona fide purchaser, for value. The defense made is that the notes made were not delivered to the payee or any other persqn. The jury found a verdict for the defendant, and the plaintiff has appealed.
The transaction is in dispute, and, as plaintiff has appealed upon the ground that the circuit judge should have directed a verdict in his favor, we must dispose of
The only question in the case is whether a verdict should have been directed for the plaintiff. The learned circuit judge left but one question to the jury, viz., whether there had been a delivery of the notes, and obviously the jurors found that there was not. Plaintiff’s contention here is that, by leaving his signed notes on the counter, he placed it in the power of Hirschberg to purloin and negotiate them. We think the case within the rule laid down in Burson v. Huntington, 21 Mich. 415 (4 Am. Rep. 497); Cressinger v. Dessenburg, 42 Mich. 583 (4 N. W. 269); Laprad v. Sherwood, 79 Mich. 525 (44 N. W. 943); Portsmouth Sav. Bank v. Village of Ashley, 91 Mich. 681 (52 N. W. 74, 30 Am. St. Rep. 511).
The judgment is affirmed.