Kerin v. Udolf

This was an action on a promissory note brought by the plaintiff, William J. Kerin, seeking to recover the balance of the note on the ground that a default in the payment of a monthly installment had occurred. The defendant, Leonard Udolf, denied the default and, by way of special defense, alleged payment of the installment by check duly deposited in the mail. This defense was denied. The court found the issues for the defendant and granted equitable relief. From the judgment rendered thereon, the plaintiff has appealed to this court.

The plaintiff has assigned error in the finding by the…