Stroh v. Holmes

Opinion by

Henderson, J.,

The pending question arose on a rule taken by the defendant for judgment in favor of the defendant on the whole record after a trial in which the jury failed to agree. The defendant borrowed from S. D. Stroh, trustee, $5,500 on March 25,1914; to secure the payment of which he gave to the lender a bond and mortgage. Stroh died on September 12,1918. Sometime thereafter the use-plaintiffs, in whose behalf Stroh held the fund, caused judgment to be entered on the bond; thereupon the defendant presented a petition to have the judgment opened in order that he might defend to…