State Bank v. Lehr Auto MacH. Co.

In a petition for rehearing defendant asserts that when the complaint in this case is read in connection with the decision of this court in State Bank v. Sukut, 48 N.D. 987, 187 N.W. 960, it appears that the plaintiff had knowledge of Sukut's defense to the note; and with knowledge of such fact entered into an agreement with the defendant to bring an action on the note claiming to be a good faith holder thereof, and that the facts so established bar plaintiff's right of recovery. Whether, if the facts were as assumed by the defendant, the result contended for would follow, is not before us,…