McCue v. Franklin

The opinion of the court was delivered by

Thiele, J.:

The question in this appeal is whether the trial court erred in denying the plaintiff’s motion for permission to amend his petition, and in dismissing his action.

*669On April 8,1940, the plaintiff commenced his action to recover the amount of an unpaid judgment representing the value of unpaid principal and interest on bonds secured by a mortgage on a certain theater property in Topeka, his petition containing three alleged causes of action. The demurrers of the defendants to each of those causes of action were sustained, and the plaintiff…