Rawlins County State Bank v. Rummel

The opinion of the court was delivered by

Marshall, J.:

This is an action by the plaintiff, the purchaser of a promissory note given to the Kansas Auto Sales Company, signed by Matt C. Rummel, and transferred to the plaintiff. Judgment was rendered in favor of the plaintiff against the Kansas Auto Sales Company by default and against Matt C. Rummel on answers to special questions by the jury, which returned a general verdict in favor of Matt C. Rummel, who appeals.

The defense to the note was that it had been obtained by the payee, the Kansas Auto Sales Company, by fraud and that the plaintiff…