McCarthy v. Harrop

—Suit by plaintiff and respondent, Dan McCarthy, against Frank and Jesse Harrop, as executors, defendants and appellants, to recover on a promissory note executed and delivered plaintiff by the decedent, Samuel Harrop. In defense, appellants plead both lack and failure of consideration. A jury trial terminated with a judgment in appellants’ favor; and, respondent having moved for a new trial on divers grounds, the court granted his motion upon two of the grounds specified, expressly overruling all the others. Both sides appealed.

The two grounds as recited by the court were:

“That the court…