Elmcreek Ditch Co. v. St. John

This is an action on a 750-dollar promissory note dated March 17, 1930, and payable March 1, 1931. The Elm-creek Ditch Company, plaintiff, is payee and H. F. St. John, defendant, is maker. The note was executed by defendant and delivered to plaintiff. There is no other party to the action. By answer defendant interposed the defense that the consideration for the note wholly failed. Without a jury the cause was tried to the district court. The defense of failure of consideration was sustained by a specific finding of the district court in favor of defendant on that issue and the action was…