Columbia National Bank v. Rizer

The opinion of the Court was delivered by

Mr. Justice Cothran.

This action, commenced December 27, 1928, is upon three notes executed by the defendant to the plaintiff bank, dated March 12, 1928, aggregating $25,000, upon which there is alleged to be due $13,351.45 with interest and attorney’s fees.

Though it is not specifically so stated in the transcript, it does not appear that there is any controversy between the parties as to the amount due upon the notes.

The defendant interposed a counterclaim for damages upon the ground that the bank breached its contract to furnish him with certain funds…