Peoples State Bank v. Trombly

At the opening of the trial, the defendant Trombly obtained leave to amend his plea of the general issue theretofore filed, by attaching thereto a notice of special defense. In it he stated:

"1. The defendant Columbus Trombly will show that the defendant the Adams Lumber Company is a nonexistent, fictitious person.

"2. The defendant Columbus Trombly will show that on or about the first day of May, 1920, he became indebted to the defendant the Adams Lumber Company, or Gustave Munz, in the sum of three thousand six hundred ($3,600) dollars for lumber furnished by said defendant Gustave Munz, or…