GIBSON, District Judge.
After verdict for defendant the plaintiff has moved for judgment notwithstanding the verdict and for a new trial.
The plaintiff's complaint was based upon two promissory notes, one for $1,500 and the other for $2,500. After it developed that plaintiff had paid the bank holding the $2,500 note only a part of the amount due, his counsel elected to proceed upon the $1,500 note, which was in the possession of complainant as its payee.<...
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