Hueter v. Binduchowski

At the close of plaintiff’s evidence, the defendants, appellees herein, moved the trial court for a directed verdict, which motion was granted. Plaintiff has appealed to this court on questions of law.

Plaintiff sought to recover on a promissory note and to foreclose a mortgage given to secure its payment. The petition contains two causes of action. In the first, plaintiff set up the promissory note and prayed to recover an alleged amount due thereon. In the second, plaintiff alleged that defendants executed and delivered their mortgage deed securing the payment of such note, and prayed for…