Sullivan Lumber Co. v. Thorn

Per Curiam. Plaintiff brought action on a promissory note. Defendant admitted the note, but counterclaimed the value of services alleged to have been rendered to plaintiff. She recovered a verdict of $330.50. The only question in the case is, does the evidence sustain this verdict. We have examined the evidence in this case with care. A majority of the court are of the opinion that due weight was not given to the presumption arising from the giving of the note (Beneke v. Beneke, 119 Minn. 441 , 138 N. W. 689 ), and that the verdict is not justified by the evidence, and that a new trial should be granted. Order reversed and new trial granted.