Olsen v. Zappone

On rehearing. This action was instituted by the plaintiff to recover the sum of $138.25, together with interest and a reasonable attorney’s fee, on a promissory note executed December 4, 1926, by the defendant in favor of R. B. Jackson, due thirty days after date, alleged to have been indorsed to the plaintiff before maturity.

In answer to the complaint the defendant admitted the execution and delivery of the note to Jackson, but denied that it was indorsed and transferred by him to the plaintiff prior to maturity; and by way of separate answer and affirmative defense alleged that on the date…