Boone v. Queen

*372This instruction the Court refused to give, but instructed the jury that if they should be satisfied by the evidence that the plaintiff fraudulently instructed E. B. C. to draw a bond differing materially from the agreement of the parties, and that the bond so drawn did so differ, and that by means of the delivery of the bond so obtained by the fraud of the plaintiff he obtained possession of the said note, the plaintiff could not recover in this action.

To which refusal, the defendant took a bill of exceptions.

Verdict for the plaintiff. No writ of error.