ATLAS FINANCIAL CORPORATION v. Oliver

This case is here on appeal by the defendants from the denial of their motion to dismiss and from the judgment entered for the plaintiff in this case. The anomaly lies in the fact that we are asked to deal with the ruling on the motion to dismiss made by one court and with the judgment that was entered by another.

Plaintiff instituted suit April 15, 1968, on three counts. Count No. 1 was based on a note for $18,857.38, dated April 3, 1963, signed by the defendants, payable to Equity Acceptance Corporation and assigned to the plaintiff. Count No. 2 was based on a “Retail Installment Contract or…