State Savings Bank of Leavenworth v. Krug

The opinion of the court was delivered by

Porter, J.:

The State Savings Bank of Leavenworth brought this action against E. H. Krug on a note given by him to the Fisher Machine Works Company of Leavenworth, in part payment for an ice-making machine. The answer alleged fraud and misrepresentations and breach of warranty on the part of the machine company and failure of consideration. It denied that the bank was a holder in'due course. The jury returned a verdict in favor of the defendant for five cents and the. court rendered judgment thereon.. The bank appeals.

The sole question here is whether…