Riddick v. White

The defense interposed to a complaint filed by appellees, who ashed judgment for $5,064 on a series of notes executed by appellants, was that there had been a novation whereby $500 was to be accepted in lieu of the original obligation.

The judgment recites that the court, after hearing opening statements of counsel for the respective parties and certain evidence,, directed the jury to return a verdict for the plaintiffs.

It is urged (1) that the court committed error in directing a verdict at the close of plaintiff’s proof, based on the statement of plaintiff’s counsel in open court that…