Waller v. First Bank & Trust Co.

The defendant has moved for a judgment on the pleadings pursuant to rule 112 of the Buies of Civil Practice.

The plaintiffs and one Gordon J. Hathaway, on November 14, 1946 formed a partnership for the purpose of engaging in the sale and service of new and used motor vehicles. Such partnership continued until the first day of April, 1954 when it was dissolved and the parties and said Hathaway entered into separate businesses at separate locations. On the 11th day of July, 1952, the plaintiffs executed and delivered to the defendant, with whom the partnership carried on its banking business and…