Bruner v. Nisbett

The first question.presented by this record is as to the sufficiency of the evidence to show the fact of the acceptance of the order which is put in issue by the plea of non, est factum. T. P. Nisbett, a son of plaintiff, wrote the order and handed it to his father, who went out for the purpose of having the order signed and accepted, as he testifies, and on his return with the order, he saw the order and acceptance was signed. He further testifies he presented the order and acceptance at various times to Gilbert Duncan, the deceased partner. “He presented the order many times to Gilbert…