Mullany v. First National Bank

Bicknell, C. C.

This was an action by the appellee against the appellants upon a promissory note not payable at a bank in Indiana, alleged to have been made by the appellants Mullany & Hayes, payable to the order of the appellant Dennis J. Mullany, and by him assigned to one Catherwood, who assigned it to the appellee before its maturity.

The appellants Mullany & Hayes answered that the appellee was not the real owner of the note; that it was never assigned by Dennis J. Mullany, and that at the commencement of the suit he was the lawful owner of the note. This answer was duly verified.

The…