Farmers & Merchants State Bank v. Kuhn

Shepherd, District Judge.

This is an appeal from an order of the district court dismissing the jury at the close of the evidence and entering a judgment for plaintiff.

The petition was the ordinary declaration on a promissory note of $3,600 made by the defendant Celestine Kuhn to John Wollmer, liquidating agent of the plaintiff bank. The answer admitted the execution of the note but alleged lack of consideration and also alleged that the note was made for the accommodation of the bank. The reply was a general denial of new matter. The plaintiff will hereinafter be called the appellee, and the…