Wilke v. Merchants State Bank of Richardton

Buttz, Dist. J.

This is the second time this case is before this court. On the former appeal it was remanded for a new trial because of the unsatisfactory condition of the evidence and the lack of proper parties to make a complete disposition of the action. See Wilke v. Merchants State Bank, 55 N. D. 603, 215 N. W. 77, where a statement of the facts is set forth.

The complaint was amended, additional'parties were brought in, and a retrial of the entire case was had. A very excellent memorandum was filed by the learned trial judge and we quote therefrom, and adopt as expressing our views, this…