Bank of Commerce Ex Rel. Turner v. Howard

Opinion op the Court by

Stanley, Commissioner

Keversing.

The Bank of Commerce of Lexington sued Eliza 'Howard and her husband, L. D. Howard, on a note for •■$11,850 and to foreclose a mortgage on land in Breathitt county securing its payment. The defense in substance was that there had never been any contractual relation between the defendants and the plaintiff; that the execution of the note and mortgage had been procured by the fraud and deceit of A. H. Hargis, president of the Hargis Bank & Trust Company, for the purpose of avoiding the usury laws; that the Bank of Commerce was not, and had…