Howell v. Van Siclen

This action is upon a promissory note made by the defendant’s testator, payable to plaintiff or order. On the trial the plaintiff produced the note and proved that the signature was in the testator’s handwriting; the note was read in evidence. This established on his behalf a clear right to recover. The plaintiff was called as *119a witness on bis own behalf, and was asked the question : “Are you the owner and holder of this note ? ” The defendant objected to the question on two grounds: First. “ That it is a question of law and calls for the decision of a question of law.” And, second. “ That…