Loomis v. Cole

Opinion by

LOGSDON, O.

For reversal of this case plaintiff relies in his brief on two propositions, thus stated:

“First. The evidence being positive, clear, and uncontradicted, that John S. Loomis was the owner and holder of the note sued .on in due course as an innocent purchaser thereof, it was the duty of the '•ourt to render judgment for the plaintiff, and his refusal so to do constitutes error.

“Second. The court erred in failing and refusing to properly instruct the jury as to the law covering the different phases of the ease.”

Without contradiction, plaintiff's evidence tended to establish…