Gallery v. National Exchange Bank

The National Exchange Bank commenced an action of assumpsit to recover a balance claimed to be due on a promissory note made by Gallery and nine others, payable to the order of Samuel Y. Irwin and endorsed by the latter.

The makers of this note were all directors of the Northern Central Mich. R. R. Co. at the date thereof. Samuel Y. Irwin, one of the makers and the payee therein named, was president of the railroad company at the time the note was given, and was also at the same time and continued to be president of said bank. Irwin kept his office at the bank and gave its business and loan…