Home State Bank v. Milberger

The opinion of the court was delivered by

Dawson, C. J.:

This was an action on a promissory note which the plaintiff held as collateral. Judgment was entered against the maker without controversy. The controverted question of law in the trial court and in this court turns on the legal significance attaching to the recitals and signature of the appellee on the back ,of the note.

Briefly, the facts were these: On May 26, 1932, one Everett W. Hill executed to the Home State Bank of Russell a chattel-mortgage promissory note for $5,000, due in four months after date. In the body of the note was a…