O'Conner v. Witte

Action upon a promissory note given in settlement of a physician’s bill for medical services rendered the maker. The allegations in the petition would also support a verdict upon an alleged agreement independent of the note to pay for said services. Defense, that the note had been fraudulently forged and raised in amount. Verdict for the defendant, who is administrator of the estate of, the payor, and plaintiff appeals.

1. The court instructed the jury to only consider the cause of action upon the note. Plaintiff did not except to the giving of, or refusal to give, any instruction, so that the…