Hammond v. Frost

Thomsen, District Judge.

This is a suit on a note for $1,900, dated December 13, 1920, signed by the defendant Frost with defendant Gurney as indorser. The plaintiffs are the successors of an innocent purchaser for value. The action is divided into two causes — one for reformation of the note, and the other for judgment. The note is made payable to, but not indorsed by, the First National Bank of Fremont, Ne*703braska. The petition alleges that mistakenly the bank’s name remained as payee in place of that of defendant Gurney; that the bank has no interest in the note; and asks that the note be…