Holloway v. Gano

The opinion of the court was delivered by

Dawson, J.:

This was an action on a promissory note. Plaintiff is the receiver of the bank which was the payee of the note. The gist of the pleaded defenses was that there had been a material alteration in the note since it was signed by defendant and that there was no consideration for the note. For reply the plaintiff alleged that the note had been executed by the defendant to help the derelict president of the bank to deceive the bank commissioner touching a certain excess loan held by the bank against defendant’s brother-in-law.

At the trial,…