McCaffrey v. Mitchell

THE plaintiff in error will herein be referred to as plaintiff, and the defendant in error as defendant.

In May, 1929, plaintiff sold to the defendant certain real property, and as a part of the transaction, defendant gave plaintiff his promissory note for $200 due in two years, secured by a second deed of trust on the premises conveyed, which note is the subject matter of this litigation. Prior to maturity of the note, plaintiff placed it with Feigel, a practicing attorney of Boulder, Colorado, for collection. Defendant sold the property to one Shinkle who on the trial testified that he…