McCracken v. Harned

The opinion of the court was delivered by

Dixon, J.

This ease was submitted to the jury by the trial justice upon a basis not warranted by the evidence. ’

The claim of the plaintiff was that in July, 1891, he had loaned the defendant $3,000, and in October, 1891, had received from him ten thousand shares of stock as collateral security for the loan; that in November, 1891, he had loaned the defendant $2,000 more, and then the defendant had handed him the writing of November 6th, 1891, as a proposition for him to consider. This writing is as follows:

“Nov. 6, ’91.

“Whereas, Alpheus McCracken holds…