Jewett v. Graham

The plaintiff declared upon a note of which the declaration makes profert, and which it describes. The pleas were nil debit, payment and failure of consideration. The note was not produced on the trial, though its production was demanded by the defendant. There was no evidence whatever, and the trial was had upon the pleadings — there being no pleadings except the declaration and the pleas aforesaid. The verdict and judgment were for the plaintiff for the amount of the note as described in the declaration. The defendant has appealed. in error.

The Court charged the jury as follows: “The…