[ G. R. No. 4199. December 24, 1909 ]

[ G. R. No. 4199. December 24, 1909 ]

G. R. No. 4199

[ G. R. No. 4199. December 24, 1909 ]

RICARDO NOLAN, PALINTIFF AND APPELLEE, VS. VICENTE FRANCO, DEFENDANT AND APPELLANT.

D E C I S I O N

Action for the recovery upon a promissory note issued in favor, and indorsed by, the payee to the plaintiff. Defendant acknowledged the note, but alleged that the debt had been paid by an assignment to the former creditor. Evidence found insufficient to establish this contention, and, as the note remained in the possession of the creditor and defendant had taken no steps to recover it, judgment affirmed.

Per Mapa, J.