Scott v. Brown

1. In a suit upon a promissory note, alleged to be due and unpaid, where the defendant admitted its execution and that the plaintiff was the holder thereof, it is not cause for a new trial that the court charged the jury that “if he does not overcome the allegations in the petition, the plaintiff would be entitled to recover the face of the note,” together with interest and attorney’s fees, instead of instructing the jury that the plaintiff was entitled to recover unless the defendant proved his plea of payment.

2. A charge that “By preponderance of evidence is meant that superior weight of…