Maglione v. Penta

This is an action to recover the amount due on a note dated August 7, 1923, payable to the defendant in one year from its date, and indorsed by him to the plaintiff. The judge directed a verdict for the plaintiff. The defendant excepted to this direction on the ground that “the verdict was inconsistent with the special facts found by the jury and that as a matter of law, it should have been ordered for the defendant.”

The plaintiff testified that the note was secured by a real estate mortgage; that he paid the defendant $1,000 for the note and mortgage and the defendant indorsed the note…