Planters' Fertilizer & Phosphate Co. v. Bradberry

The opinion of the Court was delivered by

Mr. Justice BlEase.

This action is on a promissory note, alleged to have been executed and delivered by the defendant to the plaintiff. The complaint was in the usual form, setting up the execution and delivery of the note and nonpayment. The answer as first put in was a general denial. When the cause was called for trial, the defendant requested that ‘he be allowed to amend his answer by pleading payment of the note. This motion was allowed without objection. The verdict of the jury was for the full amount claimed in the complaint. From the judgment…