National Broadway Bank v. Lesley

Mabry, J.:

The appellant, the National Broadway Bank, of the city of New York, a corporation, sued John T. Lesley on a promissory note executed by him to the Apalachicola Lumber Company, and alleged to have been endorsed before maturity by said company to appellant. Pleas were filed, upon which issues were joined, and the record shows a regular trial thereon before a jury, resulting in a verdict and judgment for the defendant below.

After the evidence on both sides had been closed and the jury charged, but before they retired from the bar, the plaintiff below moved the court for a non-suit,…