State Ex Rel. Kirby v. Trimble

This case came to me on reassignment. Relators seek to have quashed an opinion of the Kansas City Court of Appeals in Brady, Trustee, v. Kirby et al. The facts are therein stated as follows:

“This is a suit on a promissory note in the sum of $2500, dated Dearborn, Missouri, July 20, 1923, due six months after date, payable to the Bank of Dearborn and signed by the defendants as makers. The note bears the following indorsement upon the back thereof: ‘Bank of Dearborn by John W. Tays, Cashier.’

“At the end of all the testimony the court refused defendants’ instruction in the nature of a demurrer…