Wharton v. Tierney-Toner Co.

— In this action respondent recovered judgment against appellant for the amount paid by respondent to a bank upon a note given appellant upon the purchase of an automobile, which note had been transferred to the bank by appellant. The case was tried to a jury, which rendered a verdict for respondent in the sum of $1,139.75. No objections or exceptions were taken to the submission of the case to the jury, except as to the admission of certain evidence.

The appeal involves only the error of the court in admitting and in refusing to strike the testimony of respondent, his wife, and of their son…