Baldwin Music Shop, Inc. v. Watson

O’QUINN, Justice.

Appellant sued appellee in the county court of Shelby county, Tex., to recover on three promissory notes, each in the sum of $100, bearing 6 per cent, interest, and providing that if collected by court proceedings 10 per cent, should be paid as collection fees. Also for the foreclosure of a chattel mortgage on one certain player piano Wurlitzer No. 99577, given to secure the payment of the notes.

Appellee answered by general demurrer, general denial, and specially matters tending to show failure of consideration for the notes.

When the case was called for trial, the defendant,…