Rice v. Osborne

Opinion of the Court by

Chief Justice Sims

— Affirming.

Appellant, Charles Rice, brought this action against appellee, Grant Osborne, on an unsecured note for $650 executed to him by Osborne on Oct. 15, 1945, due 120 days after date. Osborne pleaded that the note was obtained from him through fraud and misrepresentation by Rice, was executed without consideration and it is uncollectible. The trial resulted in a verdict in favor of Osborne and Rice appeals.

Appellant assigns four grounds why the judgment should be reversed: 1. A verdict should have been directed in his behalf; 2. the verdict is…