Eggers v. Eggers

This appeal is from a judgment against the defendant above named on a directed verdict in an action on a promissory note.

The first proposition urged by defendant is that the court erred in failing to direct a verdict at the close of plaintiff’s case in chief on the ground that evidence was insufficient to establish delivery of the instrument. After the court had overruled the motion, the defendant introduced evidence, and failed to renew his motion on the ground stated at the close of all of the evidence. In these circumstances the motion is deemed waived, and an alleged error based thereon…