First National Bank of Hanover v. Gitt

Opinion by

Mr. Justice Kephart,

Appellant states the sole issue is whether appellee bank is a creditor of S. L. Johns, entitled to participate in his property conveyed to appellant in pursuance of the agreement of January 23, 1904. If a creditor, it is entitled to payment of the full amount of the notes and no account is necessary. The court below decreed an accounting.

Appellee became a creditor in the following manner: L. M. Long & Company was the maker and the S. L. Johns Cigar Company, a trade name used by Johns, the payee of two notes endorsed by the payee to the bank; later they were…