Ohio Court of Appeals May 6, 1932, No 364 (Bahns v. Glass)

BY THE COURT

We are at 'the outset confronted with the scintilla rule which is still effective in Ohio. If any of the evidence in the case, giving it the most favorable intendment in behalf of the defendants, tends to establish the defense of payment it was incumbent upon the trial court to submit this question of fact to the jury. (Pope v Mudge, 108 Oh St 192).