National Loan & Exchange Bank v. Hoyt

(dissenting) : This is an action by the bank, as assignee of a note given by the defendant Hoyt, 'payable to the Liberty National Bank or order, dated April 23, 1923, due July 23, 1923, for $3,000.00, with interest from date at 8 per cent, per annum and 10 per cent, attorney’s fees, subject to a credit of $34.81, January 31, 1925.

The action was instituted on May 11, 1925, by the National Loan & Exchange Bank (hereinafter referred to as the Exchange Bank), styling itself “as liquidating agent of the Liberty National Bank” (hereinafter referred to as the Liberty Bank).

By an order of his Honor…