First National Bank of West Union v. Freeman

Williams, Judge:

The question certified is, whether it was error to strike out defendant’s special plea, which the court had previously permitted him to file, in this action of assumpsit on a pi’omisr sory note made by him payable to plaintiff, a national bank. Defendant pleaded the general issue and also filed a special plea, which on motion of plaintiff the court later struck out. The special plea avers, in substance, that defendant was a stockholder and director of the plaintiff bank when the note was executed; that on making an examination into the financial condition of the bank, the…