First National Bank v. Oliver

RAINEY,

Associate Justice.—This suit was brought by appellant bank against appellees to recover upon a promissory note for the sum of $500, executed by appellees, payable to E. Bennett & Son, or order, and indorsed before maturity to appellant for a valuable consideration.

Appellees answered that said note was given for a stallion bought for breeding purposes, and that he was warranted to he a sure foal-getter, and that he was not such,.’and therefore the consideration for said note had failed; that appellant and E. Bennett & Son were partners, and that appellant knew of the warranty given by…