Smith v. Hough

This is a law action tried to the court without a jury. As originally pleaded, plaintiff sought judgment for $3000 based upon a promissory note. After the trial had commenced and plaintiff had offered considerable evidence, the court granted plaintiff the right to recast her pleadings. Under an amended and substituted petition, plaintiff in Count I asked judgment on a $2500 promissory note, and by Count II asked judgment for $500 for money loaned to defendant on open account. As to Count I defendant pleaded payment and a material alteration of the note; as to Count II defendant pleaded a…