Smith v. Gregg

The opinion of the court was delivered by

Johnston, C. J.;

This was an action upon a promissory note for $5,000 given by Carl J. Gregg to himself, and which was transferred through the Saline County Lumber Company and the R. N. Powell Lumber Company to Nelson Smith and Ed M. Roach. In their action to recover on the note, and after the evidence for plaintiffs had been introduced, the court instructed the jury to return a verdict for the plaintiffs, which was done. The defendant appeals.

It appears that the Powell Lumber Company, of Hutchinson, owned two lumber yards, one at Brookville „and one at…