Scott v. Ward

Opinion by

Greene, J.

This suit was commenced by-Scott against Ward, in the district court, for a mechanics’ lien. Trial by jury waived. A general judgment rendered in favor of plaintiff, but the mechanics’ lien was refused. Plaintiff appealed, and claims that the lien should have been granted.

It appears that on settlement for the work and materials, Ward gave his notes to Scott; that these notes, on being produced in court appeared to have been indorsed in blank.by Scott, but the indorsement had been erased. The plaintiff offered to prove that the notes had not been negotiated by him and that…