
    A. F. Underwood, Appellant, v. Henry F. Fosha et al., Appellees.
    
    No. 16,851.
    HEADNOTE BY THE REPORTER.
    Negotiable Instruments — Innocent Purchaser — Good Faith. In an action on a negotiable note held that an allegation that the plaintiff acquired title by indorsement from the payee was supported by evidence that the title reached him through intervening indorsees; also, that the evidence required the question of the good faith of his purchase to be submitted to the Jury.
    Appeal from Riley district court.
    Opinion filed June 10, 1911.
    Reversed.
    
      George E. Stoker, and John W. Newell, for the appellant.
    
      Robert J. Brock, for the appellees.
   Per Curiam:

The plaintiff had the right to disregard subsequent transfers and to allege a transfer by indorsement and delivery by the payee directly to himself. The admission or the proof of subsequent transfers in fact in such a case does not constitute a variance. ‘

The plaintiff’s evidence was sufficient to carry the question of the good faith of his purchase to the jury.

The judgment is reversed and the cause is remanded.  