Turner

This is an appeal by defendant from a judgment in favor of plaintiff and from an order denying a motion for a new trial.

The action is upon a promissory note made by defendant in January, 1883, for fifteen hundred dollars, and interest at two per cent per month, payable to himself or order, and indorsed by him. Defendant admits the making of the note, but denies that it was ever sold to the plaintiff, or that the latter ever owned it. The only real question in the case is whether we should reverse the judgment for a want of sufficient evidence to support it. But the evidence was clearly conflicting within the rule so often heretofore announced. Plaintiff testifies that defendant brought the note to him and offered to sell it to him for three hundred dollars, and that he bought the note for said sum and paid it to defendant. This, he says, was on the 30th of January, or 1st of February, 1883. Defendant testifies that he never sold the note to plaintiff, nor delivered it to him, nor received from him three hundred dollars or any sum of money whatever; but that he delivered the note to one Wasserman for the purpose of having it negotiated by Wasserman, and that Wasserman failed to…