Central Bank & Trust Co. v. Forest Hill Foundry Co.

The opinion of the court was delivered by

Case, J.

Appellant was sued as the endorser on a promissory note held by the respondent and payable at the latter’s banking house. Defendant answered and counter-claimed. On respondent’s motion the answer and counter-claim were struck as “partly sham and frivolous,” and final judgment was entered.

The grounds of appeal are numerous and somewhat involved. They need not be separately discussed in the disposition of the appeal.

The answer sufficiently raises the defenses of payment of the note and of failure to forward the statutory notice of protest to the…