Alma record. (Alma, Mich.) 1878-1928, 1886-12-31
MICHIGAN MATTERS.
Howell on Bohemian c a, Notes.

Judge Howell recently C.el, cred very
exhaustive opinion in the Len wee circuit
court upon the liability OF the makers OF
the Bohemian oat notes. The opinion was
given in me form of a charge To the jury
in n TIT case which came before him.
We have read the opinion and IL is clear
and able. He holds that "a person purchas-
ing n negotiable promissory note, which
on its face bears no evidence that IL was
procured by fraud, is not bound to inquire
into the consideration for which the note
was given. III the signature to the note
was procured by fraudulent representa-
tions the note would be avoidable except
in the hands OF IA purchaser for valuable
consideration who had no knowledge or
notice OF tho fraud by which the maker
was induced TO sign the instrument. The
bad faith of the purchaser of the note can
not loo established except by clear and sub
stantial proof. General Impressions and
suspicious that he knew all about the
fraud practiced in procuring the note are
not sufficient. The mere fact that n pur-
chaser of note knew that il was given
for Bohemian oats will not justify charg-
ing him with bad faith. IL the purchaser Of
the note had no greater knowledge that a
fraud was practiced than the maker of the
note himself had when he signed it, the
latter cannot be heard to complain.
Judge Howell also holds that if n maker of
anote gave the instrument for Bohemian
oats at $40 n bUshel, knowing all the time
the intrinsic value of the oats was but 80
u
heard to say that the note was without
sufficient consideration. The oats at the
contract price of SO bushel furnish n
consideration in law and III fact In view
of this opinion 10 seems to us foolish for
the farmers TO seek 10 avoid payment OF
their notes when such notes are held by
bona fide purchasers for valuable con
sideration. OF course notes held by
agents of the Bohemian oat company or
by Others who participated in the fraud
not nnl sfal
Death OF the Venerable Henry willis
Henry Willis of ship canal fame, died at
the residence of his grandson, Milton viii
lis, in Battle Greek on the Goth inst,
aged So years. He retained his mental
vigor and faculties until the last In
August, while in Washington, he was tax
en- sick with congestive chill, and never
fully recovered from the attack. The i'm
mediate cause of his death was cancer of
the stomach.
Mr.. Willis was born in Philadelphia, his
father being English and his mother Welsh.
The former died when he was two years
old, the latter when he was seven. He
spent his boyhood days in working at
shoemaking or on farm. He then began
work on the old Pennsylvania railroad
built in 1874. In lsB5 he was appointed
road which crossed the Allegheny noun
tains. In 1897 he came 20 Detroit and
superintendent work on the Michigan Cen
trail. The next year he took charge of the
work OF building railroad from kalama-
zoo to Alegan. In 1910 he settled in Bat
tie Creek when there were not sixty people
there and has ever since lived there, en-
gagged in many enterprises designed To de-
velop the county. He helped organize the
national republican party with Thaddeus
Stevens in 1874, was an active abolitionist
and supporter of the underground rail
road and republican from the birth of
the party. He was also n strong temper
ance man, never having used liquor or to-
bacco. I'm religious faith he was spirit
ualist. He married twice and leaves five
children. He was man OF immense en-
ergy and perseverance, and had achieved
an almost national reputation 10y his push
ing of the project OF IA ship canal across
the lower part OF Michigan from lake TO
lake. He also Travelled extensively
throughout the country.