Bratton v. Exchange State Bank

The opinion of the court was delivered by

Marshall, J.:

Edgar W. Bratton and Kathryn Bratton sued the Exchange State Bank to recover damages for the malicious prosecution of a real-estate mortgage foreclosure action against them in Atchison county. Judgment was rendered in favor of Edgar W. Bratton, and the bank appeals.

The facts out of which the present action arose are as follows: On August 6, 1924, the Brattons executed a promissory note to the Exchange State Bank for the sum of $1,860, due in one year, with interest at the rate of eight per cent per annum, payable semiannually, February 5…