Wilson v. Gray

This was a suit on a promissory note, brought by the transferee of a decedent payee as holder and owner. The defendant introduced testimony of himself and of another in support of his plea of payment. There were certain facts and circumstances in evidence which might have been taken as discrediting defendant’s testimony. The jury found in favor of the plaintiff, and exception is taken to the overruling of a motion for a new trial based on the general grounds only. Held: The rule involved that “a defense established by the positive and uncontradicted testimony of unimpeached witnesses can not…