German-American National Bank v. People's Gas & Electric Co.

Action on a promissory note, made by the defendants to the order of plaintiff. The defendant gas and electric company, a corporation, did not answer. On the trial the court ordered a verdict in favor of the defendant Flynn and against the defendant Gross, and from an order denying his motion for a new trial Gross appeals.

It appears by the evidence that Gross was the president of the gas and electric company, and as such applied to Wetzel, the president of the plaintiff bank, for a loan of $600 to the company. As to Wetzel’s answer, and their further conversation, Gross testified: “ ‘Yes,…