Middle Atlantic Immigration Co. v. Stout

LyNCI-i, Judge:

Plaintiff sued before a justice, and recovered judgment for the amount of a draft for one hundred dollars, drawn in its favor by defendant. On appeal, the circuit court, on motion, excluded its evidence and directed a verdict for defendant. To this action the plaintiff excepted, and obtained this writ of error.

It complains of the refusal of the trial court to sustain its •objection to defendant’s plea of failure of consideration, because not verified' as< required by §5, ch. 136, Code 1906. This objection is not tenable. Under the general issue — non-assumpsit, •or its…