Brown v. Bell

This.was a suit upon a promissory note and was brought against the payee, who was also the indorser. On the trial the defendant was asked by his counsel “whether or not the note sued upon was sold and transferred to the plaintiff without recourse.” The answer to the question was excluded by *819the court, on the ground (the objection being made by the plaintiff) that it would be a conclusion of the witness. The answer was properly excluded. The bald statement that “the note Was sold to the plaintiff without recourse” was clearly a mere conclusion of the witness. Of course the defendant could have…