Cookinham v. Hepler

The action was brought upon a promissory note for fifty dollars, dated April 20, 1925, payable in three months, with interest. Defendant concedes the making of the note, denying everything else with reference to it, and setting up the affirmative defense of payment. Upon the trial one of the executors-plaintiff testified that he found the note among decedent’s possessions, admitting on cross-examination that he did not know whether or not it was paid, and rested. The defendant was then sworn, and of course was confronted with the statutory rule (Civ. Prac. Act, § 347) forbidding her to…