First National Bank v. Park

Weaver, J. —

1 The plaintiff brings suit upon two promissory notes made to it by the defendant. Defendant admits the making and delivery of the notes, and, by way of counterclaim, alleges that in August, 1894, he was indebted to plaintiff in the sum of $3,000, -to secure payment of which he had deposited with plaintiff a promissory note of $2,250 held by him against one Herbert Balcom; that at the same time the said bank owned and held a promissory note for $1,200 made by the Balcom Park Company, a corporation of which said Herbert Balcom was the sole stockholder; that payment of said $1,200…