Fagin

The foregoing cause was heretofore heard by this court and by an order entered herein on March 31, 1926, the judgment of the trial court was reversed. Upon the petition of the respondent a rehearing was granted and the cause re-argued. We are satisfied that the judgment should be reversed for the reasons given in our former opinion.

Judgment reversed.

The former opinion in the foregoing cause is as follows:

Plaintiff sued upon three trade acceptances each dated Slay 22, 1922, each in the sum of $140, and payable in 60, 90, and 120 days, respectively. Judgment went for the plaintiff for $527.23 covering principal and interest and an allowance of $92.50 as attorney’s fees. The defendant has appealed on the judgment-roll and a bill of exceptions.

The papers in suit were drawn by the defendant to his own order and by him indorsed to the Cadillac Manufacturing Company, of which J. B. Vallen was the owner and manager. They were all delivered to Vallen as part of a transaction whereby Vallen left with the defendant three washing-machines upon the condition ■ that he would take them back if not sold within thirty days. Before their maturity Vallen indorsed and delivered these trade…