Blaschik v. Phillips

STONE, Judge.

We reverse a final judgment for the de-' fendants. The judgment was entered upon an order granting a motion to dismiss at the end of plaintiffs case in a non-jury trial. The dismissal order was based on the trial court’s conclusion that the plaintiff’s reply to the defendants’ affirmative defenses was not sufficient to support the plaintiff’s evidence. The suit is for the balance allegedly owed on a promissory note. The defendants are the plaintiff’s daughter and son-in-law. The defense was payment, accord and satisfaction, and release by the execution of a satisfaction of…