Maas v. Swalbach

This action is brought to foreclose certain land contracts assigned to the plaintiff by the defendant Swalbach in part settlement of moneys which it is claimed he unlawfully appropriated and for judgment for deficiency against him and the defendant Anton Strauss, who guaranteed the repayment of the moneys alleged to have been misappropriated. The action is for both equitable and legal relief and the defendant Strauss who makes this application is entitled to a jury trial of the legal issues raised by his *560answer in which he sets np want of consideration, fraudulent representations and undue…