Shorb v. Kinzie

Black, C.

This was an action brought by the appellee ■■against the appellant upon a promissory note executed by the 'latter to the former. Issues were formed, a trial of which 'before a jury resulted in a verdict for the plaintiff, on which Judgment was rendered, a motion for a new trial made by the defendant having been overruled. The overruling of this motion is assigned as error. The court gave the following instruction to the jury:

“There has been some evidence given of admissions by the plaintiff, and upon this branch of the case the law is that verbal admissions or statements, consisting…