Nathan v. Jenkins

This is an action on a promissory note made by defendants to Frank J. Hirshberg, now deceased. Trial resulted in a. judg ment for defendants after their motion for a directed verdict was sustained.

The plaintiff alleged in the complaint that a payment of $25 was made on the note on August 7, 1934. The defendants in their answer denied the making of this payment and pleaded the statute of limitations. The motion for directed verdict raised the point that there was no proof showing, or tending to show, that the $25 payment had been made on the note by the defendants or either of them. Hence that…