Kleybolte v. Cincinnati, Hamilton & Dayton Railway Co.

Heard on demurrer to cross-petition.

To a petition declaring upon promissory notes of the defendant to the amount of forty thousand dollars, the defendant files a cross-petition alleging that on July 7, 1904, It was the owner of thirty-three hundred $1,000 bonds, one of the obligors of which bonds was the Toledo Railway & Terminal Company; that said bonds were secured by mortgage to the Commonwealth Trust Company of St. Louis; and that payment of the principal and interest of said bonds was guaranteed by the defendant and by the Pere Marquette Railroad Company, jointly and severally; and that *39t…