Johnson v. Schrag

The opinion of the court was delivered by

Hutchison, J.:

This action was upon a-note given by the defendant'to the plaintiff bank. The answer was want of consideration and obtaining the note by means of misrepresentations and fraud on the part of an officer of the plaintiff bank by which the bank received and retained a benefit. A jury was waived, the case was tried to the court, and judgment was rendered for defendant. During the trial of the cause the plaintiff bank failed and the cause was revived in thé name of the receiver, who appeals from the adverse judgment.

The defendant gave his note…