Exchange Bank v. Robinson

Plaintiff Bank claims to be the holder and owner of a note which purports to have been executed by Cunningham, defendant’s intestate, to one Mitchell and transferred by the latter to plaintiff before maturity. The action was instituted by plaintiff presenting the note in the probate court for allowance against Cunningham’s estate. ■ Defendant denied the exection of the note under oath. The note was allowed in the probate court and defendant appealed to the circuit court, where, on trial anew, the judgment was for defendant.

The verbal defenses were non est factum and payment. Each of the…