Graves v. Kellenberger

Action by the appellee, as assignee of a promissory note, against Graves and Graham, the appellants, the makers. Graham made default. Graves answered under oath, denying the execution of the note. The court found for the plaintiff. A motion for a new trial, on account of the insufficiency of the evidence, was made and overruled, and this is assigned as error.

Graves and Graham were partners in the business of milling, Graham owning and furnishing the mill, and Graves furnishing the money capital used in the business, but having at the time no interest in or ownership of the mill. The note was…