Derry v. Holman

OPINION by

Mr. Oi-iiee Justice Sihpson,

*621This was an action on a note brought by the assignee. The answer was a general denial. Plaintiff’s attorney testified that defendant had admitted his liability on the note, both before and after suit brought, and had promised to pay it. Defendant moved for a. *622non-suit, on the ground that the assignment had not been proved. The judge (Kershaw) refused the motion and charged the jury that if defendant knew of the assignment when he promised to pay — or if the note was then exhibited to him with the assignment endorsed, and he promised to pay — or if, after…