American Industrial Finance Corp. v. Sholz

Plaintiff sued defendant upon a promissory note alleged to have been executed by defendant, payable to the order of Isaac Marks and by the latter indorsed to plaintiff. The statement of claim alleges that defendant failed to pay the note at its maturity. He was duly served with summons and on the return day filed a special appearance and a plea in abatement. Plaintiff moved to strike the plea from the files. The trial court, after argument, took' the motion under advisement. Pending a decision upon the motion, defendant, by leave of court, over the objection of plaintiff, filed certain…