First & Farmers State Bank v. Van Overbeke

HILTON, Justice.

Defendant appeals from an order denying his alternative motion for judgment notwithstanding the verdict or a new trial.

Action in the usual form on a promissory note for $300, interest and reasonable attorney’s fees. The note was dated February 15, 1932, payable to the First & Farmers State Bank of Ghent, Minnesota, due six months after date with' interest at six per cent, and provided for reasonable attorney’s fees in case of suit. On March 19, 1932, the bank was taken over by plaintiff for liquidation. The note was among the bank’s assets.

The answer, in addition to a general…