Yates Center Nat. Bank v. Lauber

POLLOCK, District Judge.

This is an action by the Yates Center National Bank, a national banking association, now insolvent and in the hands of a receiver, to recover the contents of a promissory note made by defendant to the bank in amount of $5,300. ,

From the evidence it is seen no consideration moved from the bank to defendant for the making of the note in controversy. On the contrary, it clearly appears there were in the bank certain worthless notes made by one W. G. Toedman and his wife; that said notes were turned over to defendant in pursuance of the following agreement:

“Yatés Center,…