Western National Bank v. Spencer

Mr. Presiding Judge SPENCER,

delivered the opinion of the Commission of Appeals, Section A.

According to the certificates of the Honorable Court of Civil Appeals for the Second District, the Western National Bank sued J. E. Spencer to recover upon a promissory note, executed by the latter on November 17, 1913, in the sum of $2,000, payable to his own order in Denver, Colorado, and bearing his own endorsement as well as the endorsement of H. C. Ford.

The trial court found that the execution of the note had been procured- by means of fraudulent representation' and had been given for capital stock…