Caballero v. Litchfield Wood-Working Co. Inc.

Matson, Justice.

Appeal from an order denying plaintiffs’ alternative motion for judgment notwithstanding the verdict or for a new trial.

This is a suit against the maker of a promissory note by the plaintiffs, who contend that they are holders in due course and that as such are not subject to the defense of a partial failure of consideration. On July 31, 1951, defendant, Litchfield Wood-Working Com pany, Inc., executed a promissory note for $3,700, payable 30 days after date, and delivered it to the Midland Lumber & Supply Company of Minneapolis in part payment for lumber obtained by the…