McGinnis v. Rolf

DEW, J.-

This is an action brought by the appellant to recover on a promissory note of respondents. A jury having been waived, and the cause having been heard by the court sitting as a jury, the court made the Declaration of Law that “Under the stipulated facts the court declares the law to be that the note sued on is without considera-' tion, and that the plaintiff is not entitled to recover. ’ ’ Judgment was rendered for defendants accordingly. Plaintiff appealed.

Plaintiff’s petition is in conventional form. It stated that on March 6, 1943, David D. McGinnis died and on March 22, 1943,…