Chichester v. First Nat. Bank of Birmingham

GARDNER, Chief Justice.

The suit is upon a promissory note executed by defendant and his brother, John Chichester, for borrowed money of five-thousand dollars with which to complete-a ten thousand dollar cash payment for a. lot in Fairfield, Alabama, purchased by defendant and his brother in 1927 during the well known real estate speculative period.

Defendant, his brother John and Zukoski, one of the vice-presidents of the bank, testified in the case and upon conclusion of the testimony the trial court, entertaining the view there was no proof upon which a defense could be rested, directed a…