Palmersheim v. Hertel

This is an action on a promissory note for $5,700. The note was made by defendant Gates to the order of defendant Hertel, and was indorsed and delivered by Hertel to plaintiff. The complaint alleged the nonpayment and protest of the note at maturity.

The defendant Hertel pleaded by way of defense and counterclaim. In the defense it was stated that he had agreed to buy plaintiff’s farm for $17,000 and had deposited with plaintiff the sum of $500 to bind the bargain; that on the 4th day of June defendant was about to abandon the bargain by reason of his inability to get sufficient funds to make…