Kemble v. Wiltison

Ritz, Judge:

This is a suit to recover the amount of a negotiable promissory note given by the defendants to the plaintiff for the purchase price of a second-hand automobile. On the trial of the case in the circuit ■ court the defendant’s defense 'was held to be insufficient and a verdict directed for the plaintiff for the amount of said note with interest.

Upon the trial the plaintiff introduced the note in suit and testified that it had not been paid. The defendant Wil-tison then, in support of the plea of non assumpsit, showed that the note had been given as the price of a second-hand…