Prewett v. First Nat. Bank of Hagerman

On September 2, 1919, one Henry Hosac purchased from M.M. Prewett, plaintiff herein, at public sale, nineteen head of cattle. In payment therefor, Hosac and wife executed to plaintiff a chattel mortgage on the cattle to secure the note. The sale was clerked by C.W. Stringfield, then cashier of the defendant bank, the note and mortgage being prepared by him, executed at his request, and left in the bank until June or July, 1921. In March, 1920, plaintiff indorsed the note to J.W. Miller and received full value therefor. When plaintiff paid the loan from Miller in June or July, 1921, the note…