Bosich v. Case

Plaintiff alleges ' that he sold his oyster business to defendant by act before F. D. Charbonnet, notary public, for $500.00, of which $150.00. was *654paid in cash, and $350.00 by a note dated November 27, 1925, and maturing one year after date; that he received before maturity of the note a partial payment of $150.00 and therafter lost the note; that no further payments were made by defendant. He sues for $200.00.

Defendant pleads payment. From a judgment for defendant plaintiff has appealed.

Under elementary principles of procedure, defendant has admitted the existence of the debt and carries…