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ROSENBERG v. GILSON

259 Wis. 434 (1951)

ROSENBERG, Appellant, vs. GILSON, Respondent.

Supreme Court of Wisconsin.

October 9, 1951.

Attorney(s) appearing for the Case

For the appellant there was a brief by Cohen, Parins & Cherney, of Green Bay, and oral argument by Meyer M. Cohen and Colburn G. Cherney.

For the respondent there was a brief by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by J. Robert Kaftan.

GEHL, J.

For the purposes of this appeal we need not consider the question whether the record supports the finding of the trial court that Merar obtained the note from the defendant by fraud. We shall assume that it does. The sole question is whether the plaintiff is the holder of the note in due course.

Defendant relies upon the provisions of sec. 116.64, Stats., which read as follows:

"Burden of proof...

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