Independent Silo Co. v. Hanson

Lees, C.

Appeal from an order striking out defendant’s answer as sham. He was sued as the maker of a promissory note payable to Falconer & Juul; It was álleged in the complaint that the payees had indorsed and delivered the note to the Citizens Bank of Hutchinson and that the bank had indorsed and delivered it to plaintiff, who was the legal owner and holder, and that it had not been paid. The answer was a general denial. Affidavits were presented in support of and in opposition to the motion to strike. It appears from them that, if defendant has any defense at all it is that the bank, instead…