Shorb v. Kinzie

Best, C.

— This action was brought upon a note made by the appellant to the appellee. The former answered payment, alleging that at the time he paid the note the appellee represented to him it was lost, and executed to him a receipt against it, a copy of which receipt was filed with the answer. The appellee denied the payment and the execution of the receipt by a verified reply. The issues were tried by a jury, and a verdict returned for appellee. A motion for a new trial was overruled, and judgment rendered.

The appellant assigns as error the order of the court in overruling his motion for a…