Rose v. Callahan

MONTGOMERY, Judge.

This is the second appeal of this case. See Rose v. Callahan, Ky., 246 S.W.2d 582. The evidence on both trials was substantially the same, so reference is made to the first opinion for statement of the facts.

Appellant sued on a note; appellee answered with a general denial. On the first trial, appellee received a verdict and judgment, which was reversed on appeal.

Upon the return of the case for a second trial, appellee filed an amended answer by which he pleaded that no consideration was given for the note. On the trial, appellant testified that the note was given for store…