Zion's Sav. Bank & Trust Co. v. Tropic & East Fork Irr. Co.

LEVERICH, District Judge.

Appellant Bank, as trustee of the beneficiaries under a certain trust agreement, sued the respondent upon a promissory note and appeals from an adverse judgment. Appeal is on the judgment roll.

At the conclusion of the trial by jury, the court first directed a verdict for the Bank and judgment was entered thereon against the Irrigation Company for $3,504.77 owing on the note.

Thereafter the Irrigation Company moved for a new trial. At the hearing on that motion, the court declared it was of the opinion it had erred and should have directed a verdict for the defendant.…