Mergenthaler Linotype Co. v. McNamee

Plaintiff appeals from a judgment based on an instructed verdict for defendants McNamee. The cause of action was grounded upon a note, negotiable in form, signed by defendants James J. McNamee and Mike Mc-Namee, son and father, in favor of “The Ord Linotype School, Irl D. Tolen, Owner,” for $1,163.50, dated No*72vember 20, 1929, due on demand, duly indorsed by Irl D. Tolen to plaintiff, who thus became the owner of it. The Ord Linotype School was a trade-name under which Tolen operated. There was judgment against Tolen, from which he did not appeal.

The McNamees pleaded (among other things…