Lowry v. Lomire

Shulman, Judge.

Plaintiffs (appellees herein) brought suit against defendant (appellant herein) and another, makers of a promissory note. Defendant answered the suit with two specific defenses, neither of which had any merit, and a general denial. That answer was never amended to clarify the basis for the general denial of indebtedness. After considerable discovery and motion procedure (defendant successfully opposed motions for judgment on the pleadings and summary judgment) the case came on for trial. After presentation of their case, plaintiffs moved for a directed verdict. The trial judge…