219 P. 1063 | Idaho | 1923
— This is an action on a promissory note given by defendant McCarty to the Northwestern Investment Co.
The case was tried before the court without a jury, and the court made findings sustaining the defense set up by McCarty. The court also found that plaintiff did not take said note by indorsement or otherwise from a holder in due course.
Plaintiff appeals from the judgment entered in favor of defendant, and assigns errors all of which attempt to review the findings made by the court, but he brings no evidence to this court either by bill of exceptions or reporter’s transcript. We have, therefore, nothing before us .but the judgment-roll. In this situation we must assume that there was evidence before the trial court to warrant the findings made. (Jones v. Quayle, 3 Ida. 640, 32 Pac. 1134; Zion's etc. Inst. v. Armstrong, 6 Ida. 464, 56 Pac. 168; Hazard v. Cole, 1 Ida. 276; Montandon v. Walker, 2 Ida. 165, 9 Pac. 608; Shurtliff v. Extension Ditch Co., 14 Ida. 416, 94 Pac.
An examination of the findings shows that they sustain the judgment, which must be affirmed. It is so ordered, with costs to respondent.