O'Brien

Plaintiff, as assignee and for purposes of collection, brought suit to recover upon a certain promissory note.

Defendant admitted the execution of the note, but alleged a lack of consideration and, also, the further defense that the execution and delivery of the said note were procured through duress and fraud.

On these issues trial was had and a judgment went for the defendant. From the judgment entered plaintiff appeals. The sole ground of the appeal is that the judgment is not supported by the evidence and that the evidence does not sustain the findings upon which the said judgment is predicated.

It is conceded by appellant that it is not within the province of a reviewing court to again examine into disputed questions of fact and to determine anew any conflicts that might arise therefrom. With that concession, the appeal falls of its own weight. Not only is the evidence supporting plaintiff’s claim wholly unreliable and in itself weak and unsatisfactory, but the conflict created by the evidence of defendant is a real conflict and more persuasive. Not one error of law is complained of. The entire brief of appellant is but an argument on the facts and an attempt to show that…