Bank of Kimball v. Rostek

Opinion by

Mr. Chief Justice Moore.

This writ of error involves a suit brought by the Bank of Kimball against John Rostek to recover judgment on a promissory note which the bank alleged was signed by Rostek and had been “assigned and endorsed” by the payee named in the note to the bank “for consideration and the bank accepted same note in good faith and as a holder in due course and for value.” The bank alleged that the defendant Rostek “has failed and refused to pay said note and the note is unpaid and in default.” A copy of the note is attached to and made a part of the complaint. Pertinent…