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ALLEN v. HERNON

No. 4041.

328 P.2d 301 (1958)

John S. ALLEN and Elizabeth Allen, Appellants, v. Michael J. HERNON and Frances Hernon, Respondents.

Supreme Court of Nevada.

July 15, 1958.

Attorney(s) appearing for the Case

Sidney R. Whitmore, Las Vegas, for appellants.

John C. Mowbray, of Las Vegas, for respondents.

BADT, Chief Justice.

The main question here presented is whether the trial court properly applied the rule, with respect to negotiable instruments, that as between innocent parties, the one whose negligence has occasioned the loss must bear it. The facts establish this case as a classic example for the application of the rule as applied by the district court.

1) The action to set aside a note and trust deed was commenced...

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