Manson v. First National Bank in Indiana

Opinion by

Mr. Justice Horace Stern,

This is an appeal by plaintiffs from an order and decree of the court below entering judgment of non pros in an action of assumpsit.

The suit was started in August, 1937 by the filing of a praecipe and a statement of claim. The statement set forth alleged facts which may be summarized as follows: In 1936 a petition under the Bankruptcy Act for reorganization of the Penn Indiana Brewing Company was pending in the federal court. There were then four mortgages against the Company’s real estate; the first and second were held by one McGregor as nominee of…