Deacon

Both parties appeal from the judgment rendered. The plaintiff does so claiming that he should have recovered on all four counts contained in the complaint. The defendant insists that the evidence does not warrant any judgment against him. In each count a cause of action is stated upon a promissory note alleged to have been executed by Helene D. Henrich, deceased, and of whose estate Bryans is the executor. Each note is alleged to have been. lost or stolen from the plaintiff, and to have long since been due and payable and unpaid. The principal of the note described in the first count is said to have been $5,000; that mentioned in the second count, the same amount; that in the third, $966, and that in the fourth, $3,000. Judgment was rendered for plaintiff on the fourth count, and for the defendant on the other three, as to which the findings are that it is not true that the said Helene D. Henrich executed the notes set forth therein.

The plaintiff-appellant insists as one of his grounds for reversal that these findings are unsupported by and contrary to the evidence. We begin an examination of the record, keeping in mind the familiar rule that if a substantial conflict in the…