Gioso v. Di Bell

Payment was made on a note to one who assumed to act as agent and who appropriated the money. The question here is, Who must lose?

Plaintiffs in error are hereinafter referred to as plaintiffs, defendants in.error as defendants, or as Di Bell, Mrs. Di Bell, and ITotz, and one James A. Fleming, who did some business under the fictitious name of Frances Borwig, as Fleming.'

May 15, 1922, Di Bell gave his note for $2,000 to “Frances Borwig.” It drew six per cent semiannual interest, was. secured by a trust deed to Hotz on the home of Di Bell, and was payable in one year at the office of Fleming.…