Cain v. Jones

Opinion of the Court by

Drury, Commissioner—

Affirming.

Appellant sought judgment against G. W. Jones upon a $750 note' with interest from March 21, 1931. He pleaded non est factum, and, the jury having found for him, she appeals.

For reversal appellant urges the verification of the plea of non est factum is defective. We need not pass on that for it was not raised in the trial court, hence it was waived. Mutual Oil Refining Co. v. Clay, 206 Ky. 371, 267 S. W. 200.

The Verdict and the Evidence.

Appellant urges this verdict is not supported by the evidence, but this is simply a case of what evidence…