Massachusetts Mut. Life Ins. Co. v. Hauk

Massachusetts Mutual Life Insurance Company, plaintiff, brought its action in the Common Pleas Court of Mahoning county against Luther A. Hauk, defendant, in which it took judgment upon a cognovit note executed and delivered by defendant to plaintiff on March 28, 1940. After the cognovit judgment had been entered, it was conditionally vacated upon motion of defendant, who thereafter, on leave, filed his answer in the following language:

“Now comes the defendant, Luther A. Hauk, and for his answer to the petition of the plaintiff * * * avers that he signed the note upon which plaintiff…