Worst v. Colonial Savings Bank & Trust Co.

The Colonial Savings Bank & Trust Company brought an action against J. W. Worst in the common pleas court of Sandusky county, to recover a judgment on a promissory note executed and delivered by Worst to the bank. The petition was in short form under the code. A copy of the note, with all credits and endorsements thereon, was set out in the petition.

Worst interposed three defenses: A general denial, and the affirmative defenses that there was no consideration for the note, and that its execution and delivery were procured by false and fraudulent representations made by the bank.

On the trial…