Bates v. Zehnpfennig

Plaintiff-receiver commenced this action to recover the amount of five promissory notes. The notes were not in the possession of the receiver, having been surrendered to defendant and stamped “paid” by the bank more than two years before the appointment of the receiver. Before trial, the case was transferred to equity and is before us as a suit in equity. The defense consisted of a general denial and the affirmative allegation that long prior to the appointment of the receiver the notes had been paid, satisfied, and discharged and duly canceled by the bank and surrendered to the defendant.…