Merchants' National Bank v. Robison

Blacnburn, J.:

This suit is brought to recover from tbe defendant tbe sum of $5,000, with tbe interest, loaned by the plaintiff to one J. P. Barbour, for the reason that tbe defendant assisted tbe said Barbour in fraudulently obtaining tbe loan. .The complaint, among other things, alleges that Barbour is now dead and bis estate is -wholly insolvent. The facts admitted and proven are substantially as follows: *257The defendant and Barbour were engaged in promoting the establishment of a bank in Ogden, Utah. The defendant lived in 'Whatcheer, Iowa, and Barbour lived in Kansas. City, Missouri. Of…