Shive v. Merville

Merville sued Shive on a promissory note. Shive answered, admitted the execution and delivery of the note, but alleged that it was delivered to Merville upon condition that it should be paid if certain stock the latter had purchased through Shive should prove assessable and should be returned to Shive if the stock proved non-assessable; that the stock *34turned out non-assessable, Shive demanded the return of his note, which was refused, and he therefore asked for the cancellation of the note.

On the trial the plaintiff, Shive, objected to the introduction of any evidence by the defendant,…