Conard v. Duffy

Opinion by

Weight, J.,

On July 9, 1959, Norman E. Conard instituted an action in assumpsit against Thomas J. Duffy and Eleanor H. Duffy, his wife, upon a written instrument executed by the defendants as follows: “Jan. 23rd 1958 —I O U Norman E. Conard, Four Thousand Dollars ($4000.00). This is to be repaid at $100.00 per month”. The defense was failure of consideration. The trial resulted in a verdict for the plaintiff in the face amount of the instrument. The court en banc thereafter granted defendants’ motion for a new trial on the ground that the verdict was against the weight of the…