Helms v. Wayne Agricultural Co.

— Suit by the appellee, against the appellants and Isaac N. Poe, begun in Hamilton county and taken by change of venue to Madison county. The appellants denied the execution of the note, and filed other special pleas, the nature of which will become apparent as we proceed. Error is assigned only upon the overruling of the motion for a new trial, and the counsel for the appellants insists only upon errors claimed to “arise out of the instructions given and refused.”

The following are the instructions complained of:

“1st.- This action is brought by the plaintiff on two joint promissory notes,…