Farmers' Savings Bank of Arispe v. Arispe Mercantile Co.

Weaver, J. — ■

This action was begun upon a promissory-note purporting to have been made by the Arispe Mercantile Company hy Burr Forbes, president, and Frank Forbes, secretary, payable to the order of Burr Forbes & Son, and indorsed by that firm to the plaintiff bank. To this claim the *247defendants, Forbes & Son, wbo are sued as indorsers, answer, denying any indebtedness tbereon, and alleging that tbe note was never delivered to tbe bank, but placed in its custody for safe-keeping, and was never indorsed by tbe payee therein named. Tbe mercantile company also pleaded substantially tbe same…