Woodson v. Jones

Simmons, Justice.

W. D. Woodson sued Jones upon his promissory note, payable to the order of C. D. Woodson and by him indorsed to the plaintiff. The defendant pleaded the general issue, and payment to C. D. Woodson, and that the note was not thes property of the plaintiff’. There was a verdict for the defendant, and the plaintiff made a mo*663tion for a new trial, which was overruled, and he excepted. It is complained that after it was shown that C. D. Woodson, the original payee, was dead, the court below, over the objection of the plaintiff’, permitted the defendant to testify in his own behalf…