Farmers & Merchants State Bank v. Rush

Lees, C.

Action on a promissory note tried by the court without a jury. The findings were in plaintiff’s favor. Defendant C. H. Rush appealed from an order denying his motion for a new trial.

The note was made payable to the defendant bank and was indorsed and delivered to the respondent bank. Prior to January, 1922, the two banks were separately engaged in business at Hutchinson. In January the directors of both banks met from time to time to consider, a proposed consolidation. On February 2 a joint meeting of the stockholders was held, at which a resolution was adopted providing for the sale…