Lawler v. Ose

This is an appeal from an order granting a new trial. In 1929 the plaintiff sued the defendant on a promissory note given by the defendant and J. K. Harney to Dan Harney, dated April, 1913, and due December, 1918, with interest payable annually. After maturity the note came into the possession of the plaintiff, a sister of the payee. In her complaint she alleged partial payments had been made thereon in August, 1914, in March, 1920, and in February, 1924. An answer was interposed and the case submitted to a jury. The verdict was for the plaintiff and judgment thereon ivas entered for her.

The…