Wagner v. Donald

MR. COMMISSIONER BENNETT

prepared the opinion for the court.

Plaintiff, Peter Wagner, brought this action against defendant Geo. Donald and another on three promissory notes given by defendant Donald to his codefendant, S. D. Davis, and by Davis indorsed to plaintiff. Davis was not served with process and did not appear at the trial.

Defendant by way of defense relied upon a failure of consideration, contending that plaintiff was not a holder in due course. In support of this contention he introduced evidence that plaintiff and Davis brought to Columbus, Montana, a shipment of thoroughbred…