Rose v. Callahan

MORRIS, Commissioner.

Appellant by his action sought to recover of appellee on the following note: “12-30-49. I promise to pay to E. C. Rose, $1000.00. Jan. 5, 1950.” The petition is in the usual form. Appellee by answer denied all its allegations. After introduction of proof, the jury by a nine-member verdict found in favor of appellee. Judgment was entered in accord and appeal granted.

Appellant testified that the note was due and unpaid, and stated that it was for store accounts. At the close of his testimony a conference was held in chambers and appellee said that he was surprised by the…