Loomer v. Walker

Opinion by

WILSON, O.

This appeal is from a judgment of the district court of Carter county rendered in an action therein pending to recover a balance alleged to be due on a promissory note. At the trial of the case the outcome of the suit depended entirely on an issue of fact raised by the evidence as to whether certain checks which were offered in evidence should have been applied toward the payment of the note sued on, or to the payment of another note which defendant claimed had been previously paid, but which claim was disputed by the plaintiff. There was evidence in the case reasonably…