Emerson-Brantingham Implement Co. v. Sawyer

Action upon promissory notes. Trial by jury, verdict for defendants and judgment against plaintiff for costs and it has appealed.

In 1914, J. F. Sawyer bought certain saw mill machinery from plaintiff and in payment therefor he and his son Jim Sawyer executed the notes in suit and secured same by a chattel mortgage on the machinery purchased and some other property. In March, 1917, Jim Sawyer and his brother John gave new notes to plaintiff for the amount then due and unpaid on the other notes and gave a chattel mortgage on the same property to secure them. The defense in this suit is based on…