Dutton v. Clapper

The appellees sued the appellant upon a promissory note. The appellant answered in four paragraphs. A demurrer was sustained to the first paragraph, and this ruling is assigned for error.

Issue, trial by jury, verdict for appellees, motion for a new trial overruled, and judgment.

The overruling of the motion for a new trial is assigned for error.

The only question discussed by counsel for appellant under this assignment of error relates to an instruction given and one refused. The instruction given and the one refused present the same question as the one which arises upon the action of the court…