Jordan

This is an action on a promissory note for two thousand dollars made by the defendant Grover to his co-defendant, Edward H. Flemming, or order, and by the latter indorsed and delivered to the plaintiffs before maturity. The *195 answer denies “ that there was any consideration for 'the note,” and avers fraud in the procurement thereof by the payee from the maker, and notice by plaintiffs prior to the purchase. The action was dismissed by plaintiffs as to the defendant Flemming, and upon a trial of the case by a jury defendant Grover had verdict and judgment. Plaintiffs appeal from the judgment and the order denying their motion for a new trial.

As to the question of fraud in the procurement of the note by Flemming from Grover, that is a fact which must be assumed on this appeal for the reason that the evidence upon this issue is sufficient to justify the verdict. And as proof of this fact would have constituted a valid defense against Flemming, had he sought to recover on the note, it would for the same reason be equally as good a defense against the plaintiffs, whose position was no better than the payee, unless they were bona fide holders; and the rule is well settled by the…