Lopato v. Hayman

This is an action of assumpsit brought upon a promissory note, by the payee against the maker.

After a trial in the Superior Court the jury returned a verdict for the defendant, and the plaintiff duly filed a motion for a new trial, alleging as reasons therefor the usual grounds. After a hearing upon this motion it was denied by the trial justice and the plaintiff then duly prosecuted his bill of exceptions to this court.

The plaintiff proved his case by producing the note and then the defendant introduced testimony tending to prove that the note was given without consideration and also that it…