Associates Discount Corp. of Iowa v. Fitzwater

DIXON, Chief Judge.

This case involves cross appeals in a suit on a note tried to a jury. The appeals have been consolidated. Plaintiff is Associates Discount Corporation of Iowa; defendants are Bert Fitzwater and W. E. Keith, d/b/a Keith Implement Company. Keith defaulted, and the jury returned a verdict in favor of the defendant Fitzwa-ter. The trial court sustained Associates’ motion for a new trial on the sole ground of error in the giving of Fitzwater’s instruction on the affirmative defense of a lack or failure of consideration. Fitzwater appeals that ruling, and Associates appeals from…