ROCKY MOUNTAIN POWDER COMPANY v. Hamlin

OPINION

By the Court,

Gregory, D. J.:

On March 16, 1954 the respondent commenced action in the trial court, seeking recovery upon a promissory note executed and delivered to him by the appellant corporation on June 1, 1945 in the principal sum of $11,625. Payments had been made on the principal sum amounting to $1,527.45 as recently as June 1, 1950, and on November 25, 1955 the District Court entered judgment in favor of the respondent for $10,097.25 and interest. The appeal is from that judgment, appellant assigning as error:

1. That there was complete failure of consideration for the note, the…