Ostrom

The complaint in this action is in three counts: 1. For the sum of $267, alleged to have been loaned by plaintiff to the defendant; 2. On a promissory note for the sum of $500 and interest, said note having been, it is alleged, executed in favor of and delivered to plaintiff by the defendant; and 3. On a promissory note executed by defendant in the sum of $500 in favor of one Richard Lindvall, the latter haying assigned said note, to the plaintiff.

The court found in favor of plaintiff on all the counts of the complaint, and thereupon caused to be entered in favor of. plaintiff judgment for the sum of $1,459.41.

This appeal is by the defendant from the order denying him a new trial.

The general contention of the appellant is that the evidence does not support the decision of the. court, the action having been tried by the court without a jury, and that errors were committed in the admission of certain evidence.

The note, as pleaded in the second count of the complaint, reads as follows:

The note executed by Woodbury to Lindvall and as pleaded in the third count of the complaint is in words and figures precisely the same as those of the foregoing note, the only difference…