Barnes v. Century Savings Bank
Supreme Court of Iowa
Appeal from Polk District Court. — IIon. W.'II. McHenry, Judge. Defendants are really plaintiffs in tbe action, for they are prosecuting a counterclaim against plaintiffs on two notes of $5,000 each, signed by J. K. Barnes as maker and guaranteed by M. H. Schussler. Plaintiff Schussler filed a reply to the counterclaim, consisting of two divisions, each division containing many paragraphs.
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Appeal from Polk District Court. — IIon. W.'II. McHenry, Judge. Defendants are really plaintiffs in tbe action, for they are prosecuting a counterclaim against plaintiffs on two notes of $5,000 each, signed by J. K. Barnes as maker and guaranteed by M. H. Schussler. Plaintiff Schussler filed a reply to the counterclaim, consisting of two divisions, each division containing many paragraphs. Defendant Century Savings Bank filed a motion for a more specific statement and to strike many of the paragraphs of the reply or parts thereof. This motion was sustained in part and overruled in part, and…
1Opinion of the CourtDeemer, C. J.
The pleadings presenting the issues for our determination are very long and unduly prolix, and we shall have some difficulty in stating the case in ordinary compass so that it may be understood. The counterclaim is upon, two promissory notes executed by plaintiff Barnes to the Century Savings Bank, each of which was guaranteed by plaintiff Sehussler. Each note was for $5,000, and they were executed on December 1, 1906, due in seven and eight months from date, respectively. Schussler in reply practically admitted the execution of the notes, and pleaded the following matters, which were…
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