Darby

The plaintiff, R. R. Darby, brought this action to recover a certain sum of money from the defendant, a hotel corporation, claimed by him to have been loaned to the corporation. The defendant denied all the allegations of the complaint, except that the defendant was a corporation; and for a further and separate defense alleged that before the commencement of this action the plaintiff had sold and transferred to other parties every indebtedness due by the defendant to the plaintiff, which included the present demand, and that at the time the action was brought the plaintiff was not the owner or holder of any demand against the defendant. The court below found all the allegations of the answer to be true, and rendered judgment in favor of defendant, for costs, etc. From that judgment, and from an order refusing a new trial, this appeal is taken.

The main ground assumed by the plaintiff and appellant for a reversal of the judgment and order is, that the court erred in the admission in evidence of a certain deed from the plaintiff to three other persons, who were stockholders in the hotel corporation. The objection made was, that the evidence proffered was irrelevant and immaterial,…