Ransberry v. Fulmer

Opinion by

Gawthrop, J.,

This was an action of assumpsit brought by the payee of a promissory not'e against the maker. Payment was resisted on the ground of fraud in the securing and performance of the contract, in settlement of which the note was given. After a trial by jury, a verdict was returned for the defendant. Before a judgment was entered thereon, the plaintiff filed motions for judgment non obstante veredicto and for a new trial. The trial judge dismissed the motion for judgment non obstante veredicto because no point for binding instructions had been submitted by the plaintiff. He…