Benedict v. Driggs

Smith, P. J.:

Action upon a promissory note dated 1st January, 1879, made by the defendant, for $300, payable to EC. B. Driggs or bearer, one ■year after date, for value received. At the trial the plaintiff pror *95duced the note and put it in evidence, proved the amount due upon it and rested. The defendant testified that the payee, H. B. Driggs, was his wife; that the plaintiff, who was her sister, knew the fact, and that his wife died in March, 1880, leaving a will which had been duly proved and the plaintiff was appointed executrix thereof before this suit. The defendant then rested and the…