Loeb v. German National Bank
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Bdward W. Winfield, Judge; statement by the court. On the 30th of April, 1906, the German National Bank brought suit against Joseph Loeb and Helen Loeb for a balance upon two promissory notes. On November 5, 1906, the defendants filed an answer and counterclaim.
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Appeal from Pulaski Circuit Court, Second Division; Bdward W. Winfield, Judge; statement by the court. On the 30th of April, 1906, the German National Bank brought suit against Joseph Loeb and Helen Loeb for a balance upon two promissory notes. On November 5, 1906, the defendants filed an answer and counterclaim. On March 15, 1907, the plaintiff filed a reply to the counterclaim; and on March 26, 1907, the defendant filed a motion to 'transfer to equity, which was as follows, to-wit: “Defendants state that, beginning in September, 1899, they borrowed money up to and including July, 1903, from…
1Opinion of the Court
PIiEE, C. J.,
(after stating the facts). I. The transfer to equity was properly denied. No equitable defense was pleaded in the answer; and, if it be taken that the motion to transfer should be treated as a part of the answer, still the result would be the same, because no equitable defense is therein stated. The execution of the notes is admitted, and it is not averred that the defendants are indebted to the plaintiffs, the amount thereof to be determined by an account to be stated; but it is merely averred that “it is impossible for the defendants to state, owing to the large number of…
2Cases cited5 opinions
- First National Bank v. WaddellSupreme Court of Arkansas · 1905
- Grisard v. HinsonSupreme Court of Arkansas · 1887
- Batesville Telephone Co. v. Myer-Schmidt Grocer Co.Supreme Court of Arkansas · 1900
- Wilkerson v. Crescent InsuranceSupreme Court of Arkansas · 1897
- Scott v. HouptSupreme Court of Arkansas · 1904
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