Marr v. Heggie

This is an action for a balance alleged to be still due out of the sum of $4,000 lent by the plaintiff’s testator to the defendant. The defendant relied solely upon payment as a defence. There seems to have been no question but that the loan was evidenced by the defendant’s note for $4,000 payable to the plaintiff’s testator. At any rate, after a verdict for the defendant, the plaintiff states in her brief, in substance, that the only issue is whether the evidence introduced by the defendant tended to show payment or whether it tended to show only an accord, which is not the same as payment,…