Frederick v. Maggio

.JUSTICE KILEY

delivered the opinion of the court.

This is an action in equity for reformation of four promissory notes. The trial court dismissed the complaint on defendant’s motion and plaintiffs have appealed.

The motion to dismiss admits the well-pleaded facts in the complaint and the statements in the accompanying affidavits. Plaintiffs are officers of the McAvoy Brewing Company. Between the dates of September 8 and October 8, 1948, as president and secretary of the Company, they negotiated four loans with defendant and gave defendant four promissory notes. Three of the notes are signed by…