West Side Trust Co. v. Krug

The opinion of the court was delivered by

Bodine, J.

Plaintiff, a banking corporation, sued upon a promissory note executed by the defendants. It appears that the instrument was complete and regular upon its face and was obtained for value before maturity in the regular course of business. Upon motion, the answer was properly struck and judgment entered for the plaintiff.

The answer alleges that the note was given for refrigerator equipment sold under an implied warranty that it would effectively cool and refrigerate the beverages to be sold by the defendant Jacob Krug. This warranty was alleged…