Lurie v. Newhall

This is an appeal by plaintiff, S. C. Lurie, from an order of the circuit court of Kane county denying recovery on a guaranty of a note in a proceeding against the defendant guarantor, John K. Newhall.

The sole issue presented Lerein is whether the judgment of the circuit court, in a trial without a jury, holding that the note in controversy was paid, was against the weight of the evidence.

In a cause tried by a court without a jury, the findings may not be set aside unless they are clearly or manifestly against the weight óf the evidence. (Johnson for use of Marietta v. Western Casualty &…