Drovers State Bank v. Elliott

The opinion of the court was delivered by

DAWSON, J.:

The plaintiff brought an action to recover on two promissory notes executed by O. B. Elliott in May, 1907, and due in May, 1908. The action was filed in .April, 1918. Elliott pleaded that the notes were given without consideration and that the plaintiff owed the defendant a large sum of money. On motion of plaintiff, the defendant was repeatedly required to amend his answer so as to set out his counterclaim, if he had one, and that such counterclaim be fully stated and pleaded. The second amended answer set up a counterclaim alleging that O.…