First State Bank of Chico v. Smith

OPINION

LANGDON, Justice.

The appellant Bank sued the appellee Smith upon a promissory note and to foreclose a security interest upon 17 cows. The trial was upon amended pleadings. In effect, the defenses alleged were non est fac-tum and want of consideration. After the appellant had rested its case appellee moved for an instructed verdict on the ground, among others, that appellant had failed to meet its burden of proving that it was the present holder of the note sued upon. The court charged the jury, peremptorily, to find for the defendant. Judgment went accordingly. The appellant moved for…