Fourth National Bank v. Webb

*168The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by the Fourth National Bank in Wichita against O. H. Webb and Harry Webb to recover upon a promissory note for $5,000 executed by them. Defendants resisted payment on the ground of misrepresentations and fraud in the transactions under which the indebtedness was incurred. The trial resulted in a judgment for defendants, and plaintiff appeals.

It is insisted that the court erred in overruling the motion for a new trial and that the evidence in the case wholly failed to establish a defense to the note. The note was…