Weller v. Weaver

Appellant was plaintiff below and sued respondents on a note in the principal sum of $3000, and for attorney fees as provided therein. Respondents admitted execution of the note and pleaded payment. Thus the sole issue was whether the note had been paid. The jury so found and this appeal is duly prosecuted.

Respondents borrowed $3000 from Mittie B. Day and her husband who had since died. The interest was paid in June, 1932, and a few days later, respondents contended, the principal was paid in cash and a receipt was taken therefor. Afterward Mittie B. Day died and, the note being found among…