First National Bank v. Cone

1. The facts are contained in a stipulation between the parties substantially as follows: In 1905, James J. Cone and James H. Peabody were interested as owners and officers in the First National Bank of Canon City. Among the bank assets was listed some paper to which the examiner objected. To meet this objection Cone, Peabody and others borrowed $10,000 from the First National Bank of Denver, (plaintiff in error) giving their notes therefor dated April 1,1905. Cone died August 13, 1905. September 5,1905, Annie E. C'one, his widow, (defendant in error) was appointed executrix of his estate.…