Harris v. Leslie

BRATTON, Circuit Judge.

The First National Bank of Wewoka, Okl., suspended business in July, 1932, and was placed in the hands of a receiver. The receiver instituted this action to recover judgment upon a promissory note of $2,000, dated June 21, 1932, due August 2d thereafter, executed by defendant and payable to the bank.

Defendant in his amended answer admitted the execution of the note, but alleged by way of affirmative defense that in 1927 he owed the bank a note of $3,500; that he was ready, able, and willing to pay the obligation and had money on deposit in the bank with which he…