Dellamonica v. Lyon County Bank Mortgage Corp.

*309OPINION

By the Court,

Ducker, J.:

This action instituted by the bank examiner, and for whom the present plaintiff was substituted as his successor in interest, is to recover possession of a certain note and mortgage alleged to have been illegally transferred by the Lyon County Bank. Judgment went for plaintiff. This appeal is taken therefrom and from the order denying a motion for a new trial. The parties will be referred to hereinafter as plaintiff and defendants, or the latter by their proper names.

The transaction challenged took place on November 23, 1931. On that date the cashier of the…