Fisher v. Bush

Plaintiffs Fisher and Young filed an action to recover on a promissory note in the amount of $72,000. Defendant McCurry was served on October 17, 1978; on December 6, 1978, the trial court entered a default judgment against him. Defendant Bush was served on February 27, 1979; a default judgment was obtained against him on April 18, 1979. An answer to the complaint was filed on behalf of both defendants on December 6, 1978, alleging that defendants owed plaintiffs only $25,000, the balance of the note being interest and usurious. The parties disagree as to whether the answer was filed before…