Cox v. Kee

February 28, 1916, defendant executed Ms promissory note for the sum of $3,786.80 payable March 1, 1917, with interest, payable to J. L. Cox and W. H. Cox. April 18, 1918, W. H. Cox died testate. Plaintiff’s petition alleges the loss of the note after the same became due. Defendant’s answer admits the execution arid delivery of the note, but alleges that he paid the same on or about May 10, 1917, to W. H. Cox, one of the payees. The question of'payment was thereby presented for the determination of the jury. From a verdict and judgment in favor of defendant, plaintiff appeals.

It is alleged…