First National Bank v. Smith

Vermilion, J. —

-The action is upon two promissory notes: one for $4,000, and one for $1,500, signed by the appellant, Elmer Smith, payable to the appellee Ernest Smith, and in dorsed by the payee. The notes are renewals of earlier like notes so indorsed. The appellee bank claimed to be a holder of the notes in due course. It is undisputed that the original notes were; at different times, executed by the appellant to his brother Ernest as payee, at the request of the latter, who indorsed and delivered them to the bank, and received credit for their face upon his open checking, account; and…