Benbrook v. Trotter

LESLIE, Chief Justice.

R. E. Benbrook et al. sued E. C. Trotter for $602.90, balance due on a promissory note executed by the latter to the plaintiffs. Along with other defenses, the answer set up lack of consideration, payment, etc. The trial was before the court and jury. Upon the jury’s answer to special issues, judgment was rendered in favor of the defendant, but against him on his cross-action for damages alleged to have accrued to him by reason of wrongful attachment, etc. The plaintiffs appeal, and the parties will be referred to as in the trial court.

The plea of payment was based upon…