Utah State Nat. Bank v. Livingston.

WOOLLEY, District Judge.

This is an action upon a promissory note, brought originally against D. H. Livingston and L. B. McCornick, in which there is a defense of payment. The case has been tried three times in the district court, and this is its second appearance on appeal in this court. At the first trial the jury returned a verdict in favor of defendants, but the trial court, upon plaintiff’s motion, set aside the verdict and granted a new trial. At the second trial the court directed the jury to return a verdict in favor of the plaintiff because the judge thought there was no evidence of…