34 Neb. 797 | Neb. | 1892
This is an action upon a promissory note as follows:
“$5. Auburn, Neb., Nov. 20, 1889.
“ Ten months after date, for value received, we, or either of us, promise to pay to the order of Geo. Hays eighty-five dollars, with interest at the rate of ten per cent per annum, payable annually from date until paid; should any of said interest not be paid when due, it shall bear interest at the rate of ten per cent per annum from the time the same becomes due. Negotiable and payable at the First National Bank of Auburn, Neb.
“P. O. address, Howe, Neb.
“No. 748. Due Sept. 20, ’90.
“W. B. Johnston.”
The note contained the following indorsement:
“Nov. 21, 1889.
“I hereby guarantee the payment of the within note and waive protest. G. W. Hays.”
Hays was the agent at Auburn of the Duplex Windmill Company, and sold a windmill of that company to Johnston for $85. Upon receiving the note he indorsed the same as above, and sent it to the windmill company and was credited the amount thereof on his general account. There appears to have been some defect in the mill and Mr. Hays repaired it a number of times. The difficulty appears to have been the tendency in either a light or strong wind to be thrown out of gear. In a strong wind it was frequently thrown out so violently as to break
Reversed and remanded.