Fierce v. Wyatt

SANBORN, Circuit Judge.

This is an action at law upon a promissory note. The appellants were plaintiffs in the court below. The defendants were the makers of the note. A. J. Shoultz, one of the defendants, filed an answer alleging that the note in suit was executed for the purpose of renewing a note which was about to mature, but that the latter note, instead of being renewed, was paid in full. The case was, by stipulation of the parties, tried to the court without a jury. At the close of the evidence, the answering defendant moved for judgment in his favor. The plaintiffs made no motion for…