Champion v. Ulmer

This was an action by appellant, to recover, as assignee thereof, upon a promissory note claimed to have been given by appellee, as maker. The defense was, first, that the execution of the note was obtained by fraud; second, want of consideration, and that appellant took the note with notice.

By agreement of parties, the cause was tried by the court without a jury. The court found the issues for the defendant, and, overruling plaintiff's motion for a new trial, gave judgment upon that finding.

In support of the motion for a new trial on the ground of newly discovered evidence, the plaintiff…