Walnut State Bank v. Mueller

The note and mortgage sued on bore date April 24,- 1923. The original fraud upon which the partial defense was predicated, was perpetrated in October, 1920. It was not perpetrated by the plaintiff. The .defendant contends; however, that the officials of the plaintiff were charged with knowledge thereof, and that it was of such character as to vitiate the note and mortgage executed April 24, 1923.

In order to get the background of the defense pleaded, we must needs go back to October, 1920. Prior to that time, one Ronna had owned and operated a private bank, under the name ‘ ‘ American Bank, ’…