Klundt v. Sande

This is an action on a note dated April 21, 1920, due November 1, 1920, payable to the order of Roy Eagle, for $815, with interest at 10 per cent per annum, payable annually. The note was transferred to plaintiff between four and five years after maturity. From a judgment for plaintiff on a directed verdict, and from an order denying a new trial, defendant appeals.

Defendant, as an adverse witness, testified that he signed the note, and that no part of it had been paid, whereupon plaintiff rested without having offered the note in evidence or shown its transfer to him. Defendant thereupon…