Guth v. First National Bank

Plaintiffs brought this action to recover upon two causes of action, and, from judgment entered upon the verdict of the jury in their favor, defendant bank appeals.

The substance of the complaint was that respondent Hein was engaged in the growing of wheat, and that in December, 1922, he was indebted to respondents in the sum of $41.15; that appellant bank held a mortgage on the wheat crop for the year 1923, and that, at a time when respondents were insisting upon payment of the amount due, the bank agreed with respondents that, if they would accept “a note from Hein payable in the fall of…