City National Bank & Trust Co. v. Orr

ON MOTION ROE REHEARING.

Jenkins, P. J.'

This was a suit by the bank against the broker on a promissory note, to which suit the broker filed a counter-claim for the real-estate commissions dealt with in the foregoing decision. The case went to trial on the pleadings made by the suit on the note and the counter-claim, without it being incumbent upon the bank to plead to the defense made by the counter-claim. The court below found in favor of the broker on his counter-claim. Counsel for the defendant in error (the broker) filed in this court a motion for a rehearing, in which he contended that…