Hendricks v. Whitecotton

This is a suit on an alleged lost note. The defendants denied under oath the execution of the instrument described in the petition. The court sustained the demurrer to the evidence, whereupon plaintiff took a nonsuit with leave, and, after an unsuccessful effort to set aside the same, appealed to this court, and assigns as error the ruling of the trial court in sustaining such demurrer.

Plaintiff’s testimony shows that he is the administrator of Samuel Hendricks, who was killed in a railroad accident about two years before the present trial; that, a few years prior to his death, he…