Holliday v. Jones

This suit was brought originally before a justice of the peace, on a promissory note dated Oct. 6, 1859, for two hundred and fifty dollars. The defense was payment. After a. trial in the justice’s court, the case was taken to the Circuit Court,where the plaintiff had judgment under an instruction that there was no evidence to sustain the defense.

It will be necessary to give a summary of the facts in order to determine whether the instruction should have been granted. It appears, that in the spring of 1859, Jas. H. Hughes, Thos. Marshall, Dr. Sanderson, Jesse Holliday — the plaintiff — and the…