Atwood v. Joyce

The action is contract. Plea a general denial, payment and statute of limitations. Defendant also filed a declaration in offset. Trial was by jury. Plaintiff had a verdict and judgment below. The case is here on his exceptions.

The first question- is whether evidence offered by plaintiff to show that a note given to him by defendant included an agreement to pay interest thereon was properly excluded. Neither party was able to produce the note. The plaintiff was a witness in his own behalf and testified on direct examination that he could not say whether or not the note contained such an…