Miller v. Republic Grocery, Inc.

SCHOTTKY, J. pro tem.

This is an appeal by plaintiff from an order denying plaintiff’s motion to set aside nonsuit and to reopen cause and for consent to file amendment to pleadings.

The factual situation as disclosed by the record is as follows:

Plaintiff commenced an action against defendant upon a promissory note executed by defendant to one Catalina S. Cruz for the sum of $5,400. Tlie complaint alleged the corporate existence of defendant, the execution of the note, which was set out in full, and further that nothing had been paid on the note. There was no allegation that the note had been…