Homer Building & Loan Ass'n v. S. Makransky & Sons, Inc.

Opinion by

Parker, J.,

This is an action in assumpsit brought by a building and loan association to recover the amount of a stock loan made to one of its members. The case was tried in the municipal court by a judge without a jury and resulted in a judgment for the defendant. In this appeal the plaintiff complains of the refusal of its motions for judgment n. o. v. and for a new trial. We find no error in the action of the court below.

The plaintiff made out a prima facie case by showing the execution and delivery of a stock loan note for $1,200, dated October 28, 1930, payable one day after…