Porter

Plaintiff brought an action on March 3, 1921, as indorsee and assignee of two certain promissory notes, dated August 21, 1920, appellant being the maker and the Eckley-Reynolds Company, a copartnership, engaged in the tractor business; the payee thereof. Each note is for the sum of $393 and is in the same form except that one is made payable six months after date and the other twelve months after date. It will be sufficient to set out the former, as follows:

It was not claimed that any part of either of said notes was paid nor was it denied that plaintiff was an indorsee for value in good faith before maturity, but it was urged in defense that there was a breach of warranty of a tractor for which the notes were given and that this defense could be maintained against plaintiff by reason of the fact that the notes were non-negotiable.

The sufficiency of the evidence to sustain the foregoing finding is not controverted, but its ordinary legal effect is deemed by appellant to be nullified by the consideration that the contract of sale of said tractor provided that the title to the machine should remain in the vendor until the whole consideration was paid by the vendee.

As to the…