Smith v. Bank of the South

Shulman, Judge.

Following a verdict for defendant Smith and granting of judgment notwithstanding the verdict for plaintiff Bank of the South, the former appeals to this court.

The plaintiff brought suit on a conditional sales contract for the purchase of an automobile, alleging that a balance remained owing thereon. At trial, defendant admitted execution of the note. Plaintiffs only witness, its collection manager, identified the note and two documents which purported to show the balance owing. On direct examination, he testified that the documents were business records of the plaintiff, made…