Bayless v. Eager

BOOTH, Circuit Judge.

This is an action at law brought by the appellant, receiver of the First National Bank of Auburn, Neb., to recover on a promissory note made and delivered by the appellee to the bank in the sum of $5,000.

A jury was waived and the ease was tried to the court.

Findings of fact and conclusions of law were made and judgment ordered for the defendant. Proper steps were taken for a review in this court.

Among the facts found by the court are in substance the following: On or about June 1, 1931, appellee executed and delivered to the First National Bank of Auburn, Neb., his…