Farmers' & Merchants' State Bank v. Wolf

Action for money had- and received. Plaintiff had judgment, and defendant AVolf appeals.

*164.On the 15th day of November, 1919, the defendants each executed and delivered to the plaintiff bank a promissory note in the sum of $2,200, payable on the 31st day of December, 1919, and each received credit for that amount of money at the bank. The notes were not paid at maturity, and the plaintiff, disregarding said notes, brought this action against the defendants jointly for the recovery of the whole amount. Defendant Barton defaulted, but Wolf answered, claiming that:

“Each of the said notes…