Griswold

This action was brought to recover on a promissory note. Defendant’s defense of want of consideration was sustained by the trial judge, and the appeal is taken from the judgment which was entered in his favor.

Margaret E. Griswold was the sister of the defendant. Her first husband, Lumereau, died in the year 1909, and the promissory note in question was made on March 6, 1911, which was prior to the time that the sister married Griswold, who appears here as the administrator of her estate. The promissory note sued upon was among the effects of plaintiff’s intestate. In establishing his defense of want of consideration for the making of the note, the defendant in substance testified that prior to the death of his and Mrs. Griswold’s mother he had resided in Goldfield; that at the last illness of his mother, who resided with Mrs. Griswold (then Mrs. Lumereau), he was called home to Lindsay, California; that just before the death of his mother his sister urged him to buy an interest in a business at Lindsay, and that he re plied that it would require a thousand dollars more than he then had, and that she (Mrs. Lumereau) said, “I will get you the thousand dollars, if you will go in…