McCulloch v. Smith

The appellee’s statement of claim against the appellant, administrator de bonis non of the estate of James M. Hains, deceased, was based upon a non-negotiable promissory note of the decedent. While the copy of the note filed with the statement showed the signature of the maker thus: “J. M. Hains,” it was alleged in the statement of *537claim that the “note was originally executed by said decedent by signing his full name thereon, but that the same has been mutilated and torn, so that the signature of said decedent does not now fully appear thereon, and that said torn portion is lost, and can not…