Kesting v. East Side Bank Co.

The parties uo this proceeding in error stand in the same relation as in the court below. That court dismissed plaintiff’s petition, filed under favor of R. S. 5354 (Gen. Code 11631), to vacate a judgment rendered against him at a previous term on a cognovit 'note for more, as he now claims, than was due. The failure of the court to vacate that judgment is the error here assigned.

The parties live in Toledo, and plaintiff was an accommodation maker .of the cognovit note in controversy, to the Bast Side Bank as payee. He claims that at the time of the delivery of the note, the bank agreed with…