Shotts v. Pardi

OPINION

NYE, Chief Justice.

This is a suit to recover the proceeds of a check from the maker. The check was payable to George Schnell. Schnell endorsed the check to the plaintiff. Thereafter, the maker stopped payment. The maker-defendant answered and excepted to plaintiff’s petition contending that the payee George Schnell was primary liable to the plaintiff and was therefore a necessary party. The trial court entered a “PRE-TRIAL ORDER” in which he sustained defendant’s exception and gave leave to the plaintiff to amend his petition. No other order or judgment affecting the issues before the…