Farmers & Merchants National Bank v. Springmeyer

OPINION

By the Court,

Coleman, C. J.:

This is an action to recover on a promissory note executed by the defendant. Plaintiff has appealed from an order denying its motion for a new trial, entered after judgment in favor of defendant, and from the judgment.

The parties will be referred to as plaintiff and defendant, as designated in the trial court.

The undisputed facts, so far as material, are:

On April 15, 1931, the defendant executed his note for $3,500, payable to Nevada Savings & Trust Company. On that day the defendant received the sum of $3,500, which was deposited to his credit in the Reno…