Montfort v. Americus Guano Co.

The Americus Guano Company brought suit against Israel Montfort upon a promissory note dated January 13, 1897, given for the purchase-price of certain fertilizers. In the note the maker stipulated that the note was given for the purchase-price of a certain named fertilizer, “ which has the guaranteed analysis on each sack, as required by law, and which I have purchased on 'my judgment, waiving all guarantee as to its effects upon crops. ” The defendant pleaded that the consideration of the note had failed, in that the fertilizer was worthless and not reasonably suited to the use for which it…