Marshall v. Henning

Defendant, John A. Henning, appeals from a judgment entered in favor of plaintiff, Edward Marshall, Jr., as trustee, for $102,385.03 after a bench trial. The sole issue presented for our review is whether the trial court abused its discretion in denying defendant’s motion for a continuance of trial.

Plaintiff, who is trustee of an irrevocable trust for the benefit of Mildred A. Henning, brought action against defendant, who is Mildred Henning’s son, seeking to recover monies loaned to defendant by her. The complaint alleged that separate loans were made from 1973 to 1977, totaling $76,000, and…