Kiler v. Wohletz

The opinion of the court was delivered by

Johnston, C. J.:

This is an action of replevin, brought by the maker of a promissory note to recover possession of the' same from one claiming to hold it as a bona fide purchaser. The note was given by Frank Wohletz to J. H. McCann as a result of a lightning-rod transaction, in which it is alleged that McCann agreed to equip plaintiff’s house and barn with lightning-rods if plaintiff would pay for the joint and brace and seventy-five cents per foot for two feet of the rod and thereafter represent to other farmers that the rods cost him seventy-five…