Lincoln v. Averill

This action was brought to recover the sum of $9000 alleged to be due upon a promissory note executed by defendant. The latter filed a cross-complaint to annul said note, upon the ground that it was without consideration. Findings were made in favor of defendant, and judgment was entered that said note and a chattel mortgage given to secure the same were invalid, and it was ordered that said instruments be canceled. The appeal is from said judgment, and it is before us upon the judgment roll alone.

At the outset it must be borne in mind that:

“All reasonable inferences are to be indulged to…