Marks v. Durrett

Eberhardt, Presiding Judge.

Cecil Marks brought suit on a promissory note against Thomas Durrett and Ralph Marler, to which Marler pleaded various affirmative defenses, including payment and accord and satisfaction. At the trial defendant Durrett’s motion for directed verdict was sustained, and no complaint is made as to that ruling. The jury returned a verdict for defendant Marler, and plaintiff appeals. Held:

1. Payment may be shown by circumstantial evidence, and any circumstance which tends to make the proposition of payment more or less probable is relevant and may be considered by the…