Brown v. Braymer

OPINION OF THE COURT BY

FREAR, C.J.

This is an action upon a note made by the defendant j>ay-able to the plaintiff for $350 and interest. The plaintiff proved not only the note, its non payment, etc., but also that after its maturity and while still in his possession and unendorsed it was accidentally destroyed by fire. At the close of the plaintiff’s case, the defendant offering no evidence, a verdict was directed for the plaintiff. The defendant brings the case here on a number of exceptions,' which raise four points.

1. It is contended that the court erred in allowing evidence as to the…