Overshiner v. Wisehart

— The appellee brought this complaint to cancel a promissory note which he made to J. M. Over-shiner & Co., making the payees and their endorsees with" notice defendants. A demurrer to the complaint, alleging the insufficiency of the facts stated, was overruled, and exceptions reserved. Answer, general denial; trial by the court, and finding for the plaintiff. Over a motion for a new trial, and exception, the court adjudged, that the note be cancelled. Appeal.

The sufficiency of the complaint to withstand the demurrer, and the sufficiency of the evidence to sustain the verdict, are the…