Paul B. Emerick Co. v. Wm. Bohnenkamp & Associates, Inc.

Plaintiff initiated this case to obtain a declaration that a mortgage given to it by defendant Wm. Bohnenkamp and Associates, Inc., was valid. The latter will be referred to as Bohnenkamp. Defendants Bohnenkamp and Laris on, who was trustee in bankruptcy for Bohnenkamp, filed a cross-complaint alleging that plaintiff was indebted to the trustee. During the trial the court ruled the mortgage invalid. Thereafter the trial proceeded on the allegations of the cross-complaint. As a part of the evidence in that part of the trial the court permitted plaintiff to introduce evidence in the nature of a…