Jennings v. Powell

This suit on a note was brought by Powell against Jennings as maker. The plaintiff introduced the note in evidence, "“upon the admission in the answer of the defendant that it was executed by him,” and rested. The defendant then took the stand, and, after being sworn, testified that H. M. Powell, the plaintiff, was the one who induced him to sign the note upon the *417express condition that it would never be sued upon; that had not this fraudulent inducement been made he never would have executed the note. On motion of counsel the court directed a verdict for the plaintiff, on the ground that…