Malone v. Beardsley

Belcher, C.

This is an appeal from a judgment of nonsuit, and the case is brought here on a bill of exceptions.

It appears that the case was tried by the court without a jury, and when the plaintiff rested, the defendants moved for a nonsuit, and the court granted the motion on the ground that there was “ a failure of proof to warrant a judgment of this court in favor of plaintiff.”

The appellant contends that, under the evidence introduced by him, he was entitled to a judgment against the respondents, and that the court therefore erred in granting their motion.

The respondents object that the…