Meador-Pasley Co. v. Hallmark

SAMFORD, Judge.

This was an action based upon four promissory notes, set out and described in the complaint. The only plea filed was the general issue. Plaintiff made out its case, and the defendant did not deny the claim or the correctness of the amount sued for, but testified that the itemized claim as introduced in evidence by plaintiff had never been filed with her as executrix of the estate of her husband who contracted the debt and executed the notes sued on. The court charged the jury that, if the claim had never been filed with defendant, plaintiff could not recover. The plaintiff…