Noble v. Edes

The opinion of the Court was drawn up by

Davis, J.

June 2, 1854, the defendant gave his promissory note to Henry L. Buck, for $95,60, payable in five *35months. It was overdue when indorsed to the plaintiff. There was an indorsement of a payment of $78,00, dated Nov. 22, 1854, proved to he in the handwriting of the defendant. The writ was dated Nov. 10, 1860. The plea was the general issue, with a brief statement of payment, and the statute of limitations.

The jury were instructed that if the indorsement of the payment was in the handwriting of the defendant, that was sufficient evidence to…