Plains State Bank v. Ellis

The opinion of the court was delivered by

Thiele, J.:

The plaintiff bank appeals from a judgment denying its claim to certain moneys as hereafter set out. Consideration of the contentions urged by it requires a summary review of an extended course of pleadings, rulings and other matters.

On February 1, 1951, Plains State Bank, later referred to as the Bank, commenced an action against V. M. Ellis, Lee Roy Kerr and Estelle Kerr, later referred to by their surnames, to recover on two notes, signed only by the Kerrs, but claimed by the bank to be a partnership obligation of Ellis and the Kerrs, a…