Bennett v. Adel Banking Co.

Banke, Judge.

Adel Banking Company, the appellee, sued the appellant to recover on an unpaid promissory note. The appellant raised the affirmative defense of fraud. At a pre-trial hearing the judge overruled appellee’s motion to strike appellant’s defense for being insufficient as a matter of law. Twenty days later the trial judge entered an amended pre-trial order in which he again overruled appellee’s motion to strike. He also awarded the appellee a partial judgment on the pleadings for the principal and interest due on the note. The judge reserved for trial the issue of whether appellant…