Johnson v. Farm & Home Savings & Loan Ass'n

The opinion of the court was delivered by

Jochems, J.:

The action was brought against defendant by the plaintiff as receiver of the Midwest State Bank of Fort Scott. A motion to strike certain allegations from the amended answer of the defendant was sustained, and from the order sustaining the motion to strike the defendant appeals to this court.

*239The petition alleged, in substance, that the business of the Midwest State Bank, of which plaintiff is the receiver, and the business of the defendant were both conducted in the same room, known as No. 1 Main street, at Fort Scott, prior to the…