Hennigh v. Commercial National Bank

The opinion of the court was delivered by

Aleest, J.:

This action was instituted before a justice of the peace on a promissory note for $100, and interest, executed by the plaintiffs in error. At the instance of the defendant, a jury was impaneled, and on the trial the defendant sought to prove that the note was obtained by fraud of a partner of the payee of the note, with the knowledge of the payee, but the court excluded this evidence, and directed a verdict for the plaintiff for the amount claimed, and entered judgment accordingly.

It is urged on behalf of the plaintiffs in error that they…