Fulton Bank v. Mathers

Weaver, O. J.

The defendants, Violet Mathers and T. C. Mathers, made and delivered to the Bennett Auto Supply Company their promissory note for the sum of $1,800 for the purchase price of an automobile sold them by said company. The note was at once negotiated and transferred to the plaintiff bank, and, nqt being paid when due, this action at law was begun to enforce collection. Defendants appeared to the action and set up the plea that the automobile had been warranted to them, that the warranty had failed, and the car *636had proved utterly worthless, whereupon they had returned it to the…