Melhop v. Costa

Citations

• 26 N.M. 337
• 1920 NMSC 071

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>In a suit on a promissory note, where the defense was failure of consideration, plaintiff moved for an instructed verdict, which was overruled. The jury thereupon returned a verdict for the plaintiff, finding- a failure of consideration as to one-half the face value of the note. Evidence reviewed. Held, that the court should have sustained plaintiff’s motion for an instructed verdict, as there was no evidence of failure of consideration.</p>