George A. Lee v. Western Wool Processors, Inc.

LEWIS, Circuit Judge.

This action arose in the District Court for the District of Colorado as a claim by plaintiff-appellant upon a promissory note. Defendant-appellee did not question the alleged indebtedness on the note but pleaded the existence of counterclaims. Upon stipulation and motion for partial summary judgment, the court entered judgment for plaintiff in the amount of $17,262.50, staying execution pending determination of the counterclaims. As conditions of the stay order defendant was required to deposit with the clerk of the court the sum of $18,-271.69 and to make further…