Schoen v. Houghton
Synopsis
Ptochasb ob Pbomissoby Note.—The jiarfcy who purchases a promissory note from the payee before it is due but after the payee has executed to the payor a release of the same, without knowledge of such release, is a bona fide holder, although he purchases for less than the face of the note and as a speculation, and although by the exercise of a little diligence he might have ascertained that the release had been given.
By the Court: We are of opinion that the circumstances attending the assignment to the plaintiff of the note of September 1, 1871, as found by the court below, are not, under the rules applicable to the transfer of negotiable paper, sufficient to impugn the title of the plaintiff as being a bona fide holder for value.
Judgment affirmed.
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