Nikolopulos

plaintiff bank commenced this action to recover upon a written contract of guaranty dated May 10, 1956, executed by the defendant Steve Nikolopulos. Plaintiff sought also to set aside certain transfers of real property from said defendant to his wife. Subsequent to the written' guaranty the partnership doing business as Valley Meats and Provisions Company, whose indebtedness was guaranteed, executed two notes dated June 1, 1956, one for $25,000 and one for $26,945. Action was commenced upon the guaranty one week later. The defendant, by his answer, alleged that the execution of the continuing guaranty was the result of false and fraudulent representations made to defendant concerning the financial affairs of Valley Meat and Provisions Company, upon which he relied. The case was tried before a jury, who found the issues in favor of the defendant. A motion for new trial based upon the insufficiency of the evidence to justify the verdict was granted and defendant appeals.

The question of the sufficienc3r of the evidence to support a verdict of the jury is primarily addressed to the trial court. It is the duty of the trial court upon motion for new trial to weigh the testimony, and…