Hartzell v. Bank of Murray

Opinion op the Court by

Commissioner Hobson

Affirming.

On November 8, 1913, Lucy B. Hartzell executed ber note to tbe Bank of Murray for $516.82, payable February 11, 1914. Tbe bank brought tbis suit against ber on the note. By ber answer she pleaded that in tbe year 1909 she borrowed from tbe Bank of Murray tbe sum of $375.00, and on July. 28, 1910, she turned over to tbe bank two notes, one for $375.00 and one for $150.00, under an express contract with tbe bank that it would ■collect tbe notes and apply a sufficiency of tbe proceeds to pay ber note and pay ber the remainder; that on July 28,…