Hurt v. Nelson

Parties here appear as in the lower court.

Plaintiff sued defendant on a certain promissory note made by the defendant and payable to the plaintiff’s order. A verdict was rendered for the plaintiff in the sum of $2,270.82, which was the amount agreed upon by defendant’s counsel as being due, if the note were valid,

The trial court, sua sponte, set aside the verdict and ordered a new trial, giving as a reason therefor that the following instruction was an erroneous statement of the issues: “The only question for the jury to determine is whether the defendant made and executed the promissory note…