Winfrey v. Moss

Kirby, J.,

(after stating the facts). Appellant insists for reversal that the court erred in giving certain instructions, especially instruction No. 1, leaving out of the jury’s consideration his contention that the note was owned by the Bank of Dyer at the time of its failure, and the estate was therefore entitled to a set-off against it of any amount due from the bank to the maker of the note.

The undisputed testimony shows, however, that the note was purchased and paid for by appellee Moss, and duly transferred by the bank to him by its cashier on the date indorsed oil the transfer, and also…