Hopkins v. Harris

Deen, Judge.

1. The plaintiff Harris and the defendant Hopkins were guarantors on the note of a corporation apparently insolvent at the time the obligation became due. Harris filed a petition alleging that he had been forced to pay the entire note, and sought contribution against Hopkins for his one third, another guarantor having paid his pro rata liability. This petition was served on Hopkins on January 15, 1973, thus requiring a responsive pleading on or before February 14, the thirtieth day. No answer was ever filed. A motion to dismiss for failure to state a claim, filed by the defendant,…