Thompson v. Thompson

COOPER, C.

This is an action to recover upon a promissory note executed by defendant’s intestate in his lifetime. Findings were filed, upon which judgment was entered for defendant-. This appeal is from the judgment and order denying plaintiff’s motion for a new trial.

The court found, in effect, that the promissory note sued upon was not agreed to nor understood by the parties to be a promissory note, and that it was executed without consideration. It is contended that this finding is not supported by, but contrary to, the evidence, and with this contention we agree. The plaintiff proved the…