Hughes Bros. v. Rawhide Gold Mining Co.

In this action, the court below awarded judgment to the defendant. Thereafter the court granted the motion of plaintiff for a new trial, and it is from the order allowing said motion that this appeal is prosecuted by the defendant.

The grounds upon which said motion was made are: 1. Insufficiency of the evidence to justify the decision and judgment ; 2. That the decision and judgment are against law.

The action is in debt and was brought to recover the sum of $531.75, alleged by the complaint to be due and owing plaintiff from the defendant.

The circumstances under which the alleged obligation arose, according to the averments of the complaint, are, in brief, as follows: “That the defendant corporation was indebted to a certain Charles Zany and one B. A. Yalverde in a sum of money exceeding in amount the sum sued for; that said Zany was indebted to the plaintiff in the said sum of $531.75, and that the former, for the purpose of paying said indebtedness, executed an acceptance of a bill of exchange drawn on said Zany and in favor of plaintiff, and the same was delivered to the defendant. Said bill was in the following language :

It is alleged that the defendant “promised and…