Merchants National Bank v. Clark-Parker Co.

THOMPSON (IRA F.), J.

Plaintiff filed an action in the court below on a promissory note to which the defendant S. N. Clark responded by an answer and counterclaim. The only denial in the answer is that any part of the sum demanded by the complaint is due, owing or unpaid. On October 15, 1928, the court made an order striking out the counterclaim, and on December 10, 1928, made an order denying a motion made by the defendant S. N. Clark, for leave to file an amended answer and counterclaim. The appeal is attempted to be taken from these two orders, the one striking the counterclaim and the…