Huntsman v. First National Bank of El Paso

— This is an appeal by the defendant from an order granting the plaintiff a new trial. The action was brought to collect a promissory note given to plaintiff by defendant and others. The defendant in his answer admitted its execution, but claimed that it was without consideration as far as he was concerned; that it was usurious, and that his signature thereto was obtained by plaintiff through fraud and deceit. The case was tried before a jury upon the last issue; the other two issues being by the court held to be without any support in the evidence. The grounds of the motion for new trial…