Haupt v. Coldwell

OPINION

WARD, Justice.

This is an appeal from summary judgment granted to Colbert Coldwell, the payee of a promissory note in the principal amount of $8,000.00 which he alleged to have been lost or stolen from his possession. The judgment of the trial Court is reversed and the cause remanded.

Plaintiff’s petition was in two counts, the first being in the conventional form of a suit on a promissory note. It appears from the judgment that it was on this count that the 'final judgment was granted and our consideration on this appeal is limited thereto. The count further alleged that the note “has…