Cleland v. Applegate

This is an action on a promissory note executed to the appellant by one Nathan Gray, as principal, and by the appellee as surety.

There was a trial by jury, and a verdict and judgment for the appellee.

*500The overruling of a motion for a new trial is the only error assigned by the appellant.

It is insisted that the evidence does not sustain the verdict. One of the answers was that the note was executed without any consideration. The evidence tends to show that the note was given in partial settlement of a partnership transaction between Gray and the appellant. It also tends to establish the fact…