Durham State Bank v. Wolf

The opinion of the court was delivered by

Harvey, J.;

This was an action by the payee of a promissory note against two makers thereof. The petition contained the allegations usual in such an action. The defendant Wolf filed an answer and cross petition. The defendant Moritz filed a separate answer. No reply was filed. The trial court sustained plaintiff’s motion for judgment on the pleadings. The defendants have appealed.

It will be necessary to consider the answers separately. As to each the ruling was proper unless the answer disclosed a meritorious defense. (Nation v. Clay, 125 Kan. 735, 266…