Etiwan Fertilizer Co. v. Jones

The opinion of the Court was delivered by

Mr. Associate Justice Fisitburne :

Appellants seek the reversal of an order of the Circuit Court striking out as sham and frivolous their answer and counterclaim, and awarding judgment to the plaintiff on the pleadings.

This action was commenced on June 10, 1938, by Etiwan Fertilizer Company against the defendants, W. R. Johns, as principal, and Elizabeth O. Johns, endorser, on a promissory note for the original amount of $10,899.20, plus interest and attorneys’ fees, less certain admitted payments. The maximum amount now involved is $2,450.18. The cause…