Marshall County Bank v. Citizens Mutual Trust Co.

I am sorry that I must, with all the deference to which the majority of the court is entitled, withhold my concurrence in the result arrived at in this case.

The notice of motion states that the plaintiff, Marshall County Bant, will move for judgment upon a note “made, signed, executed, indorsed and delivered by and through your agent, Hazlett and Burt, to the said plaintiff * * The notice alleges that the note was made payable upon demand to “ourselves” and signed by G. W. Hannan and W. H. Koch and indorsed by them. The notice states that in acquiring the note, the bank got it “for money…