Hyde v. . Tatham

The plaintiff was the only witness. He testified that he had received the note from Tatham before its maturity and had endorsed and delivered it to Iiyatt; that Hyatt had returned it, and that the plaintiff was the owner and holder of the note at the time he brought suit.

Instead of being clear the testimony is rather confusing. A part of it seems to indicate that Tatham sold the lumber “for the money,” and thereby became indebted to the plaintiff; but other parts are inconsistent with this inference. The plaintiff alleges, however, that Tatham is indebted to him on the note, not in assumpsit…