Zang v. Schumann

The jury in the civil court, by their verdict, found that the $400 paid by the plaintiffs to the defendants constituted a carrying charge on the $3,000 note, such being the note which plaintiffs had executed to the defendant Elizabeth Schumann at the time plaintiffs purchased the tavern business from the Rueggs on November 24, 1948. The first question with which we are faced on this appeal is whether there is any credible testimony which would sustain the jury’s finding that the $400 was paid by the plaintiffs as a carrying charge on their own $3,000 note.

It is the contention of counsel for…