Stewart v. Hemphill

' BOYCE, J.

A. G. Hemphill and T. G. Harkey, partners, sued J. E. Stewart and others, on a note executed by Stewart, payable to Hemphill and Harkey, and to foreclose a chattel mortgage given to secure its payment. The defendant Stewart pleaded failure of consideration, and the other defendants adopted his answer. The defendants appeal from a judgment rendered by the trial court in plaintiff’s favor.

The note was given in payment of a premium for hail insurance on Stewart’s wheat and oat crop for the season of 1921. Hemp-hill and Harkey were agents at Plainview, Tex. for the National Union Eire…