Merrill v. Smith

Smith brought suit as assignee of a note, not negotiable, which he gave in evidence on the trial, without proving any assignment, or that he had given a consideration for the same. The court charged, that his possession of the note was primé fade evidence of his ownership, and directed a verdict to be found in his favor. Without discussing the question of the propriety of a peremptory direction by the court, to *54find a verdict on any evidence, which is onljprrniá facie, it will suffice in this case, to say, that the assumed proposition, that such possession is sufficient proof of ownership,…