Bessette v. Petrucci

This is an action in assumpsit which was brought in December, 1927, on a promissory note for $400, dated November 8, 1923, made by the defendant and payable to plaintiff on demand. The defendant pleaded the general issue and a discharge in bankruptcy. After a jury trial and verdict for the plaintiff, the defendant’s petition for a new trial was denied. The case is in this court on several exceptions of the defendant.

The only exception necessary to consider is the third, which is to the refusal of the trial justice to charge the jury as requested, that “If the jury find that the Plaintiff had…