First National Bank v. Stroup

The opinion of the court was delivered by

Burch, J.:

In a petition for a rehearing the statement contained in the opinion, to the effect that if the plaintiff procured the note sued on by fraud the fraud would constitute a defense to the action, is criticised. The statement was a virtual approval of the third instruction to the jury and was correct. Other grounds of the petition for a rehearing are without merit and the petition is denied.

In a motion for modification of the judgment of this court, the plaintiff advises the court that in due time it filed in the district court a motion for a new…