by John Marshall Harlan

“ If it be conceded that the evidence offered and excluded was admissible under the plea of non est factum-which was the only plea to the special counts on the bonds and coupons-and, also, that such evidence tended to show fraud or illegality in their inception, still there was no error in the ruling of the court. For if, as counsel contend, proof of such fraud or illegality WOULD SHIFT THE BURDEN OF PROOF UPON PLAintiff to show how and upon what consideration he came by the bonds, that exigency was met by proof that plaintiff was, in every sense, a bona fide holder for value. ”

“ The action of the court, in that respect, was consistent with the rule frequently announced that the jury may be controlled in their determination of a question by a peremptory instruction, if the testimony is of such a conclusive character as would compel the court, in the exercise of a sound legal discretion, to set aside a verdict if one were returned in opposition to such testimony. Phoenix Mut. Life Ins. ”