Scott v. Geiser Manufacturing Co.

OPINION ON REHEARING.

No. 13,797.

The opinion of the court was delivered by

Johnston, C. J. :

From the argument made at the first submission of this case the court was led to assume that the notes in controversy were negotiable, but it appears that they contain features which render them non-negotiable, and, hence, the transferees took them subject to all the equities existing between the original parties. The Scotts gave the paper in the purchase of a second-hand thrashing-machine from C. A. Benbow, who transferred the notes and the mortgage securing them to the Geiser Manufacturing Company and…