Eigelbach v. Roppel

Opinion of the Court by

Morris, Commissioner

—Reversing.

In September, 1932, appellant filed suit against appellee alleging an indebtedness of $7,000 evidenced by two promissory notes of $3,500, which bad been transferred to appellant by original payees. Pleadings were filed, which drew motions to strike and demurrers, which need not be noted since amended and substituted answer was finally filed, completing the issues.

Substantially the amended and substituted answer alleges that the notes were originally given to Hammersehmidt, agent of Collins and Moore, a brokerage firm, not as a then present…