Tessendorf v. Lasater

The opinion of the court was delivered by

Mahan, P. J. :

The plaintiffs in error sought to enjoin the negotiation or transfer of a promissory note given by them to Lasater and Post, which had been deposited with the defendant bank as collateral security to an antecedent debt, without indorsement.

The petition charges deceit and fraud by a misrepresentation of the facts concerning the transaction out of which the note grew.

August Tessendorf held the deed of the Union Pacific Railway Company for a tract of land assumed to be a part of its grant, but for which it had never obtained a patent.…