Ingraham v. Luther

This was an action of assumpsit, brought by appellee in the Warren circuit court against appellant, on a promissory note payable to “ H. Luther.” Appellant filed a plea of non-assumpsit verified by affidavit, and on the trial offered to prove the note was executed and delivered to Hulbert Luther, and not to appellee, but the court rejected the testimony, admitted the note in evidence, after appellant had admitted that he had signed it. The jury found a verdict in favor of the plaintiff, and the court below, after overruling a motion for a new trial, rendered judgment on the verdict, and…