Lennox Industries, Inc. v. Pitcher Co.

HALL, Judge.

Lennox Industries, Inc., sued The Pitcher Company, Inc., as maker, and Clark B. Meyer, Theodore J. Gutches and A. J. Pitcher, Jr., as endorsers on a certain promissory note payable to plaintiff’s order dated December 28, 1965 in the sum of $6,-800.00 plus interest and attorney’s fees. After suit was filed but prior to filing their answer The Pitcher Company, Inc., Clark B. Meyer and Theodore J. Gutches filed voluntary petitions in bankruptcy. In their *508answer, subsequently filed, these parties plead bankruptcy as a bar to any recovery by plaintiff against them. The remaining…