v.
Clara M. Young, and The State Bank of Maxwell, and A. C. Enfield and Mrs. A. C. Enfield, Garnishees and
Plaintiff 'brought 'suit against defend* ant, Clara M. Young,' tip on an account for medical services rendered defendant, Clara M. Young, and caused'a writ of attachment to issue, which was served by garnishing Mr. and Mrs. A. C. Enfield. The notice of garnishment was served March 24, 1906, and upon that day the garnishees answered that they were indebted to defendant Young in the sum of $300 upon a promissory note dated February 16, 1903', and due February 16, 1906. Thereafter, and on May 20, 1907, plaintiff filed an amendment to his petition, setting forth the answers made by the garnishees, and’ averring that the note referred to therein had [*678] been assigned to the State Bank of Maxwell on April 19, 1906; that said assignment was without consideration, and was made with intent to- delay and defraud the creditors of Clara M. Young; that by reason of his attachment, garnishment, and judgment he acquired a prior lien upon the note and the amount represented thereby; and in another amendment to his petition he pleaded that the State Bank of Maxwell was not a good-faith purchaser or holder of the note for value, in that it purchased the same after maturity. The garnishees answered, admitting the execution of the note to Clara M. Young, and that they were indebted to some one thereon in the sum of $333; that they did not know to whom the money belonged, and they offered to, and did, pay the amount they admitted they owed, to the clerk of the district court, and asked to be discharged, with costs. The State Bank of Maxwell answered on August 26, 1907, alleging that it purchased the note from Clara M. Young before maturity for value, and without notice of any infirmities or intervening equities, and claimed that-it was entitled to the money due. Judgment was obtained by plaintiff against Clara M. Young on September 13, 1907, and, upon the issues tendered by the pleadings heretofore quoted, a judgment was rendered December 30, 1907, in favor of the State Bank of Maxwell, discharging and dismissing the garnishees and taxing the costs to the plaintiff. The plaintiff gave no notice of his intention to appeal until he actually served notice on April 13, 1908. The facts are not seriously in dispute. On February 16, 1903, the garnishees made and executed their note for $300 to Clara M. Young, or order, due two years after date. On the face of the note is this indorsement written above the date line, and above the written and printed matter constituting the body of the note, “Extended from February 16, 1905, to February 16, 1907.” 0'n the back of the note, in addition to other indorsements of interest, are the following: “February 20, 1905, Kecd. [*679] Twenty-one Dollars as interest for 1905and “3/15,-’06, Paid $21.00 Int. to 2/16,-’06.” The garnishment was served on the makers March 24, 1906, and the State Bank of Maxwell purchased the note from Clara M. Young May 5, 1906, without notice of the garnishment, paying $299.50 therefor. It had no notice of the garnishment until four or five months after its purchase. The words “Extended from February 16, 1905, to Feby. 16, 1907,” were on the note when the bank purchased it, and its officers believed that it had not been dishonored. The testimony shows that A. C. Enfield, on his own motion, and at the request of his wife, went to the payee, Young, on February 20, 1905, and asked her for an extension, at that time paying the interest for one year; that is, down to February 16, 1905. The payee, Young, agreed to extend the note' for two years, and the makers, Enfield, promised to keep the money, and to pay the same rate of interest thereon as they had theretofore paid. At the request of Clara M. Young, her stepbrother wrote the words of extension heretofore quoted. The bank believed the note had been extended, and there is no doubt that both the makers and the original payee believed that the note had been extended.
The judgment must be, and it is, affirmed.