Hitt v. Herndon

This is a suit on a promissory note. The defense was payment. On this issue the case was tried and there was judgment for plaintiff and defendant appealed.

OPINION

Only a question of fact is presented for our determination, namely: was the note paid?

*88The only witnesses who testified in the case were plaintiff and defendant.

Defendant swore positively that he had ©aid it, and by way of corroboration of his testimony produced and filed in evidence two checks drawn by him on the City Savings Bank & Trust Company in favor of the plaintiff for the sum of $50.00, dated April 20, 1923, and the other for…