Goodwin

Heydenfeldt, J., concurred.

Conceding the right of Perry, as a judgment creditor of Adams & Co., to intervene in this suit, the judgment is improper.

The third instruction, “ that if the defendants’ evidence has raised a well grounded suspicion in the minds of the jury, that the plaintiff did not come fairly by the note in question, and is not the bona fide holder and owner thereof, this would throw the proof of the bona fides upon the plaintiff; and if the jury believed that this well grounded suspicion of want of ownership existed, and also believed, that the plaintiff had not shown by evidence how he came by the note, and the consideration he gave for it, so as to convince them that he was the bona fide owner, for a valuable consideration, they should find for the intervenor,” is erroneous.

The holder of negotiable paper, endorsed before maturity, is supposed to be the bona fide owner of the same, and all intendments are in favor of his right.

The safety and convenience of the commercial community depend on this rule, and it is not to be defeated by any suspicions. The presumption of the law is in favor of the plaintiff, he being the holder; to rebut which, it is necessary…