Holt v. Akarman

The opinion of the court was delivered by

Kalisch, J.

The writ of error brings under review a judgment of nonsuit granted by the trial judge of the Essex County Circuit Court sitting without a jury.

The plaintiff brought her action against the defendant to recover $2,500 upon a promissory note made and given by the defendant to the plaintiff’s testator and in the payment of which the defendant made default. The defendant besides pleading the general issue, pleaded in bar of the plaintiff’s action, that before the commencement of her suit he, the defendant, had been adjudicated an involuntary…