Pierce v. Lichtenstein

This is an action upon a negotiable promissory note executed on or about July 12th, 1928, by appellee to A. L. Hubert and subsequently transferred to appellant. Sufficient evidence was introduced by appellee to warrant the submission to the jury of some or all of the several defenses pleaded: that is, fraud in the inception of the note, conditional delivery and total failure of consideration. Appellant does not contend otherwise.

At the conclusion of the evidence, appellant moved for a directed verdict upon the ground that the evidence, without conflict of fact or circumstances, fully and…