Nichols & Shepard Co. v. Miller

Epperson, C.

In this proceeding the plaintiff in error seeks to reverse the judgment of the district court for Stanton county in an action instituted-by the plaintiff in error against the defendants in error on two promissory notes. It is "admitted by the pleadings that the notes sued on, with others, were given by defendant August H. Miller, as principal, and Wilhelm Miller, as surety, in consideration of the purchase of a threshing outfit consisting of a traction engine, separator and appliances. In their answer, defendants alleged that they suffered a total failure of consideration, and…