Howard v. Seattle National Bank

The opinion of the court was delivered by

Hoyt, J.

Omitting therefrom certain paragraphs as to the corporate capacity of the defendant, the execution and delivery to plaintiff of the note in controversy, and one describing the property covered by the mortgage given to secure its payment, the complaint in this action was substantially as follows:

III. “That on the 17th day of August, A. D. 1891, the plaintiff, Frank A. Howard, 'assigned said note and mortgage hereinbefore described to one S. S. Morrison, of Forest City, Iowa, in trust to secure a note executed by the said plaintiff, Frank A.…