Elkhart County National Bank Farm Loan Ass'n v. Heilman

This is an action instituted by appellee against appellant to recover for a loan of money by appellee to appellant.

The complaint was in two paragraphs, the first being in the usual form of complaint on a promissory note, and the second proceeding upon the theory of money had and received.

Appellant filed several paragraphs of answer, including a general denial as to each paragraph of complaint, and a paragraph of answer alleging that appellant cor poration did not have power to execute the note, and that its execution of said note was ultra vires.

Appellee filed three paragraphs of reply…