Arnett v. Clack

— On another appeal (22 Ariz. 409, 198 Pac. 127) this case was before us on a question not involved now.

Arnett, as the owner and holder of three promissory notes of defendant Clack, instituted suit against him to collect them. The notes were given by Clack to Euby & Bowers', a partnership, for a stallion to be used for breeding purposes. The defense was a failure of consideration and a denial that plaintiff was the owner and holder of notes in due course. The case was tried before the court with a jury, and a verdict was returned in favor of the defendant. From the judgment, and order…