Kirby v. Robinson

This is an action to recover an alleged balance due upon a lost promissory note. Plaintiff recovered judgment. Defendant appeals.

The assignments of error discussed in defendant's brief are: (1) That the court erred in refusing to direct verdict for defendant at the close of plaintiff's evidence; (2) and in refusing a like request at the close of the evidence.

The assignments will be treated together.

It is argued by defendant that the petition is fatally defective because it is not therein alleged that the plaintiff "was the legal owner and holder of the note sued on."

The record reveals that…