It stands factually unrefuted in the record that plaintiff bank made loans to defendant which are evidenced by the promissory notes sued upon and that defendant received the money, applied it to the purchase of a steamship (and to cover operational expenses) and now has refused to repay the bank therefor. Defendant's new shareholders cannot claim lack of knowledge, when the facts are ascertainable and obvious, and thereby defeat plaintiff's amply documented right to recover...
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