Howell v. Van Siclen

Daniels, J.:

This action was brought to recover the amount of a promissory note, made by John S. Howell, the defendants’ testator, payable to the plaintiff or order. The signature to the note was proved to be in the testator’s handwriting, and no objection was taken to the evidence given for that purpose. It was produced by the plaintiff at the trial, and that circumstance added to the form of the note itself, sufficiently established the plaintiff’s right to it to entitle him to recover upon it. Possession alone was presumptive evidence that he owned the note; and as it was made by the…