Bank One of Northeastern Ohio, NA v. Musser

This matter is a suit by the plaintiff, Bank One of Northeastern Ohio, against the defendant, Donald L. Musser, on a promissory note executed on January 3,1974. The matter was tried to the court without a jury, during which time evidence was presented by the plaintiff. When the plaintiff rested, the defendant made a motion to dismiss. The court took that motion under advisement because of the legal argument made thereunder and asked the parties to brief their arguments. The defendant did not take the stand, nor was he present at trial having voluntarily waived the right to be present,…