First Nat. Bank of Kosse v. Shaw ( 1924 )

On Rehearing.

Appellant has filed a motion for rehearing, showing much research, and in which he complains, among other things, that we erred in finding that no consideration was shown for the promise of the bank to pay appellee’s claim. We do not think our opinion is susceptible of that construction. On the contrary, we intentionally did not pass upon appellant’s assignment of insufficiency of evidence to show consideration,.nor comment on the evidence, but left 'that issue to be passed upon by the jury under appropriate instructions, or by the court. We have also considered the other points raised in the motion, but find no sufficient reason or ground for -changing our previous rulings.

The motion is therefore overruled.