Doyle

This is an appeal from a judgment following a verdict in favor of plaintiff upon a promissory note for two thousand two hundred dollars. Plaintiff and defendant were husband and wife. The note was executed by the wife on March 28, 1914. She defends on the ground of want of consideration and that the execution of the note was secured by coercion and duress. [1] Upon the latter defense the finding of the jury, as evidenced by its verdict, based as it is on conflicting evidence, cannot be disturbed. As to the first defense, appellant’s case rests upon the question whether, as a matter of law, the facts proved show a failure of a legal consideration.

[2] These facts are that plaintiff and defendant were intermarried in Texas October 8,. 1907; that at that time they each owned property in El Paso, Texas, from which, at the time of marriage and continuing to the time of trial, plaintiff received $36 a month and defendant received $90 a month in rentals. These moneys, together with plaintiff’s wages, he put in a joint account with his wife in banks in El Paso. They were used for the mutual expenses of the family. In January, 1912, plaintiff was injured in the course of his employment,…