Baird v. Unterseher

Tbe plaintiff is tbe receiver of closed banks. He brought tbis action as receiver of tbe Mercer County State Bank to recover on a note executed by tbe defendants. Tbe defendant, Unterseber, defaulted. Tbe defendant, Scblender, answered, setting up tbe release and discharge of bis liability upon tbe note. Tbe case was tried to a jury. Tbe defendant bad a verdict. Tbe plaintiff moved for judgment notwithstanding tbe verdict or in tbe alternative for a new trial. Tbe court denied tbe motion for judgment notwithstanding but granted tbe motion for new trial. From tbe order entered accordingly tbe…