Murray v. Flesher

Opinion by

Cunningham, J.,

The court below made absolute a rule to open a judgment entered by Charles Murray against E. J. Flesher, trading as Flesher Transfer Company, upon a judgment note under seal dated September 10, 1918, by which Flesher promised to pay Murray $1500, one year after date “without defalcation, value received with interest.” Upon the trial points in behalf of both parties for binding instructions were refused and the verdict was in favor of the defendant. The plaintiff moved for judgment n. o. v. and the court set aside the verdict and entered judgment for the amount of the…