Continental Illinois Nat. Bank & Trust Co. v. Ehrhart

ALLEN, Circuit Judge.

This is an appeal from a judgment dismissing an action to recover an amount alleged to be due as unpaid principal and interest on a promissory note. Trial was had before the court, which filed findings of fact and conclusions of law and rendered its judgment thereon. Appellant contends that the judgment must be reversed because it is based upon a finding entirely outside the issues framed by the pleadings and unsupported by any evidence.

Appellee is a citizen and resident of the State of Tennessee, appellant is a corporation organized under the banking laws of the United…