Olsburg State Bank v. Anderson

The opinion of the court was delivered by

Harvey, J.:

This was an action on a promissory note by the payee against the maker. The note was for $1,000, dated December 4, 1939, due March 4,1940, and the action was filed April .6,1940. The defense was lack of consideration and that the execution of the note was induced by fraud. The trial court sustained a demurrer to defendant’s evidence and he has appealed.

The plaintiff bank is situated in the town of Olsburg. We take judicial notice that it is a city of the third class, situated in a rural community. The evidence may be summarized as follows:…