Commercial National Bank v. Brill

Irvine, C.

The plaintiff in error brought tbis action in the district court of Cuming county to recover from the defendants in error upon a promissory note for $315, made to the order *627of the J. H. Mahler Company, and by that company indorsed to plaintiff. The defendants admitted the execution of the note but alleged that it had been procured from them by the Mahler Company by fraud and without consideration, and that one Miller, the secretary of the Mahler Company, had, without authority from that company, delivered the note to the plaintiff, and that the plaintiff knew that Miller had no…