114 Iowa 323 | Iowa | 1901
I. As to the' two notes transferred to appellant by the Iowa Hedge & Wire Fence Company, it claims that it took the same for a valuable consideration, without notice and before maturity, and therefore is protected against the defenses set out'in defendant’s answer; but, if these defenses were good as against the original payee, then the appellant had the burden of proof as to payment of consideration and want of notice, and the sufficiency of the evidence as to these matters was for the jury. It was not error, therefore, to submit the case to the jury, if there was any evidence supporting the defenses which defendant sets up.
It is not necessary to notice in detail the many assignments of error relating to evidence received and instructions given to the jury. What has been said sufficiently indicates the theory on which the case should have been tried. — Reversed.