First National Bank v. Strang

The note sued on in this case ivas made and delivered by the payors to one Ervy, as their agent, to get it discounted at the bank. It was never negotiated to the bank, nor did it ever own the note. It was presented to the bank for discount, but it refused to receive it and loan the money. Ervy thereupon sold and delivered the note to one Smith, who afterwards sold and delivered it to Gillespie, for whose use this suit is brought. He instituted suit on the note in the name of the bank, for his own use, giving bond for costs. A trial was had before The judge and a jury, resulting in a verdict…