Street v. Cunningham

SPEER, Justice.

Plaintiff Jimmie Cunningham sued defendant H. B. Street to recover $400 and legal interest based upon a check purportedly executed by Street, of which check plaintiff claims to be the owner.

At the beginning of the trial a jury was demanded and empanelled, but after the testimony was all in, it was agreed between the parties that no issue of fact -was raised and the jury was discharged. The parties stated to the court that they were then willing that the court determine the questions raised, the same as if no jury had been called. Both sides moved for judgment. Defendant’s…