Mohr v. Barnes

Thatcher, O. J.

This is an action brought by Mohr, *351Mohr & Co. against Frank W. Barnes, to recover the amount claimed to be due on two promissory notes alleged to have been lost. The plaintiffs; by verified complaint, particularly describe the notes, allege their loss, and a demand of payment. The only plea filed is that of payment. After the evidence for the plaintiffs was all in, the court, on motion of defendant, entered a judgment of nonsuit. Plaintiffs then moved the court to set aside the nonsuit, and grant them a new trial, which motion was denied. An appeal is taken specifically “ from…