Hedinger v. Herweh

The defendants appeal from a judgment rendered against them in a chattel mortgage foreclosure action. Their original answer and counterclaim alleged “that they did. sign three promissory notes secured by a chattel mortgage on certain personal property substantially as alleged in the petition” but claimed damages by reason of plaintiff’s breach of a lease between plaintiff and defendants. The trial court held, and we think rightly, that successive amendments to defendants’ answer failed to constitute denials of the genuineness of their signatures, within Rule 100, Rules of Civil Procedure, and…