Shinn v. Smith

TAYLOR, Justice.

Plaintiffs (respondents) commenced this action September 14, 1956, upon a promissory note for $1,000 made by defendants (appellants) and payable to plaintiffs. Defendants by answer and counterclaim contended the note was procured by fraud on the part of plaintiffs and prayed for judgment against the plaintiffs for damages alleged to have resulted from the fraud.

The verdict of the jury, which was against the defendants on the issue of fraud, is not challenged by assignment. No issue of fact being presented, the evidence will not be reviewed.

Plaintiffs did not allege compliance…