Tryon v. Oxley

Opinion by

Greene, J.

Celia Oxley sued Dennis Tryon upon an instrument in the following words:

“ Linn Co., May 13, 1847.

Mr. William Stretch: Sir:—

Please pay Charles Pinckney, or bearer, fifteen hundred feet of oak lumber, due from Daniel M. Peet, and charge the same to me.

Dennis Tryon, Administrator.”

*290The plaintiff recovered judgment for fifteen dollars before a justice, and also in the district court, against Tryon in his private capacity.

On the trial several instructions were asked and refused:

1. The court refused to instruct the jury that the plaintiff, in order to recover, must prove that the…