Jerke v. Delmont State Bank

M'ORIARTY, C.

This action was 'brought by the appellant,G. F. Jerke, who seeks to recover from the respondent, D'elmont ■State Bank, the proceeds of a certain real estate loan made to him through the agency of the respondent bank.

There is no dispute as to the making of the loan in the sum of $14,000, but the respondent, in its answer to appellant’s demands, says that at the time the loan was made it was holdingcertain notes of appellant on which the sum of $10,000 and interest was then due. And respondent claims the right to hold sufficient of the proceeds of the loan to satisfy the debt due…