KOENIG v. CURRAN'S R. B. CO. ET AL

Negotiable instruments — Evidence — Possession of instrument — Prima facie right in holder — Mortgage as additional security or in lieu of note — Submission to jury.

1. The possession of an instrument in writing for the payment of money affords proof, prima facie, of the right in the holder to recover upon it according to its terms. [432]

2. On the trial of a proceeding on a judgment note, where the defense was that the note was a temporary arrangement, pending the execution and delivery of a mortgage upon real estate owned by one of the defendants, the question of fact whether the mortgage was given as additional security for the note, or in lieu thereof, was properly submitted to the jury. [432-3]

Argued January 10, 1935.

PER CURIAM, February 4, 1935:

The order of the court below refusing judgment non obstante veredicto and a new trial, and the final judgment are affirmed on the opinion of Judge ROBERT R. LEWIS, specially presiding at the trial of the case.