Andrew v. Shimerda

The record in this case is extremely meager, and some material facts must be inferred. The action is upon a promissory note for $4,900, executed September 30, 1931, by appellant to the Oxford Junction Savings Bank of Oxford Junction, Iowa. A credit of $200, dated October 1, 1931, is indorsed on the note. The defenses pleaded are that the note was conditionally delivered to the bank; that it was procured through fraudulent representations of the cashier; that it is an accommodation note; and that same was executed without consideration.

Appellant was a stockholder and member of the board of…