Weddington

The defendant N. Elizabeth McCann appeals from a judgment rendered against herself and W. F. Mc-Cann, her husband, upon a promissory note, which they executed and delivered to the respondent.

The defendant W. F. McCann admitted due execution of the note, for value. Appellant denied liability, alleging a failure of consideration, and the principal question here presented is as to the sufficiency of the evidence in this respect. Respondent and her daughter testified that the defendants called at their home, that each signed the note in the sum of $1,000 in their presence and in the presence of Fred Weddington, respondent’s husband; and that Mrs. Weddington made and delivered to them her check for that amount; that the check was paid by the bank and returned to the payor bearing the usual evidences of cancellation, but that it had since been lost or stolen. Appellant admitted having so signed the note in controversy, but she testified that after so doing the plaintiff said: “I have already given Mr. McCann the money, before”; and further: “There never was a $1,000 check given to Mr. McCann or to me by Mrs. Weddington at any time.” Her counsel thereupon requested a suspension of the…