FIRST NATIONAL BANK IN EVANSTON v. Sims

SMITH, Justice.

August 25, 1954, appellant brought this action against respondent to recover a judgment of $3,100.88 principal, together with interest, allegedly owing and due on a promissory note.

Respondent by answer, while admitting the execution of the note, denied that he owed any sum thereunder and set up the defense of novation; also counterclaimed in offset of any alleged balance by him owed on the note.

The case was tried to a jury. Appellant’s motion for a directed verdict was denied. Verdict was returned in favor of respondent and judgment entered accordingly.

Appellant thereupon moved…