Gasquet

This is an appeal from an order denying the plaintiff’s motion for a new trial. The action was upon a promissory note dated October 1, 1894, payable to the order of Horace Gasquet. The payee died January 21, 1896, and the plaintiff has succeeded as sole legatee to the assets of his estate, including the note in question. The answer put in issue the execution of the note, and alleged that it was without consideration. The court found in favor of both these defenses, and these findings are asserted to be unsupported by the evidence.

The evidence discloses that the note was the result of a very unusual and remarkable transaction. The deceased, Horace Gasquet, and his family, and the father and mother of the defendant, Mrs. Peehin, had been very intimate and friendly ever since and previous to said defendant’s birth. They were all of French birth, and lived many years as neighbors in Crescent City, Del Norte County, in this state. The deceased, it seems, was a man advanced in' years and of considerable means, and had during the latter years of his life taken a' deep and kindly interest in the welfare of Mrs. Peehin, and had frequently expressed a desire and intention to give her…