Spencer v. Carstarphen

This was an action upon a promissory note by the payee, J. E. Carstarphen, against Spencer, the maker. The defendant pleaded, specially, want of consideration for the note, and a general denial. The trial resulted in a finding and judgment for plaintiff. The defendant brings this appeal.

On the trial the note being offered in evidence by plaintiff was objected to for the reason that the name “ J. E. Carstarphen” was indorsed on the back of the note. The court permitted the plaintiff to erase the name so indorsed, and thereupon the note was received in evidence. The defendant objected and…