Lacy v. Hodgkin

Opinion of the Court by

Judge Rees

Reversing.

The appellant, Jeanetta R. Lacy, brought this action against J. J. Hodgkin and W. F. Hodgkin to recover on a note for $1,275, dated June 1, 1934, subject to a credit of $600 as of September 28, 1935. The defendants pleaded payment, and, in response to a motion to make their answer more definite and specific, filed an amended answer setting up the facts constituting the alleged payment. The affirmative allegations of the answer were, by agreement of parties, controverted of record. Upon the trial of the case, the jury returned a verdict for the…