Field

The plaintiff recovered judgment in the court below for the sum of thirteen thousand three hundred and ten dollars, with interest and attorney’s fee, alleged to be due on seven promissory notes made to the plaintiff by the defendants. The complaint is in the ordinary form. The defense was fraud in the procurement of the contract. The questions involved relate exclusively to the sufficiency of the findings.

The answer of the" defendant Pott, besides denying yrat the notes were given for valuable consideration, and alleging that they were wholly without consideration, “avers: 1. That each of said notes was given for a part of the purchase price of certain shares of the Western Granite and Marble Company, a corporation; 2. All of which shares were then, and have ever since continued to be, and now are, entirely worthless and valueless; .... 3. That each of said notes was procured by and through the false and fraudulent representations of the plaintiff, to wit, that said stock was of the value of fifty dollars per share or more, and that a dividend of ten per cent on that valuation had already been earned, and would be paid on or about May 1, 1893, all of which the plaintiff knew to…