Peoples Trust & Savings Bank v. Engle

Tbis appeal presents but one proposition. Did tbe court err in overruling defendant’s motion to transfer to equity? To determine tbe correctness of tbe ruling of the trial court it is necessary to make a brief recital of tbe facts and prior history of this cause. The action was originally instituted by tbe Peoples Trust & Savings Bank to recover as indorsee upon a promissory note executed by James Engle, .Percy Engle, and Tim J. Campbell (defendants, cross-petitioners, and appellants herein), and indorsed by the payee A. L. Stutzman (appellee herein).

The defendants filed a cross-petition…