Power v. Rankin

This was an action of assumpsit, brought by William L. Bankin, against James E. Power, to recover $1000, which it is alleged Power agreed to pay in consideration that Bankin would permit certain corn, upon which he held a mortgage, to be delivered to a certain person to whom the corn had been sold by Mrs. Glasscock. Bankin recovered a judgment in the circuit court for the amount claimed, and that judgment was affirmed in the Appellate Court.

After the plaintiff had concluded his evidence, the defendant entered a motion to exclude the evidence from the jury. The court overruled the motion, and…