Bank of Greenville v. S. T. Lowry & Co.

POEEENBARGER, PRESIDENT :

This is a writ of error to a second judgment in a case in which all questions of pleading were settled here on a writ of error to the former judgment. Bank of Greenville v. Lowry and Company, 79 W. Va. 10, 90 S. E. 390. Only proceedings in the trial before the jury are now involved.

The declaration alleged a promise by Lowry and Stover, as partners under the name and style of S. T. Lowry & Co., to pay the Bank of Greenville, or order, for value received, the sum of $350.00, evidenced by their negotiable note for said sum. An objection to the introduction of the note,…