Kirby v. First National Bank

(dissenting) I am not able to concur in Judge WARREN’S opinion in this case. There was not only probable cause, but there was ample cause for suing out the attachment.

Plaintiff operated a men’s furnishing store in Vermillion from some time about 1919 until the 28th day of May, 1932, when the attachment was levied on his stock of merchandise. At or about the time plaintiff commenced business in 1919 he borrowed $5,000 from the Vermillion National Bank. This bank went out of business in 1929, and the defendant, First National Bank, became the owner of the note, which by that time had been…