Price v. Evans

The petition contained two counts, one for $700 paid by plaintiffs as sureties for defendants, and one for a balance of account at their bank of $346. The answer averred payment of the note and a deposit to the plaintiffs’ credit of $1,200, for which defendants, after deducting the $346, asked judgment. The jury found for defendants on ' the first count, and gave the plaintiffs a verdict of $380 upon the second. The instructions were, correct, and we are asked to grant a new trial because there *397was no evidence to sustain the verdict upon the first count. There is reason to believe that the…