
    Terry vs. Bank of Americus.
    [Jackson. C J., did not preside, on account o£ providential causo. 1
    The evidence being conflicting as to whether the note sued on in this • case was given in payment of another note, or was a mere memorandum and without consideration, and the jury having found for the plaintiff, and the presiding judge having refused a new trial, this court will not interfere. Code, §2740; 09 Qa., 701.
    Judgment affirmed.
    October 2, 1884.
   Hall, Justice.  