Jones v. Webber

The opinion of the court was delivered by

West, J.:

The plaintiff bought a stallion at defendant Anna E. Webber’s sale, gave his note for $275, found the animal worthless as a breeder, sought rescission, failed, and sued to cancel the note. The defendant bank bought the note before maturity, but the plaintiff claims it was nonnegotiable because it had written thereon, “This note given for stallion under guarantee as given at Webber sale.” The plaintiff alleged that as part of the transaction by which he bought the horse, the defendant by her agent, the auctioneer, war*651ranted and guaranteed the…