Stewart v. Darby Banking Co.

1. A promissory note payable to '“J. E. Darby, trading as The J. E. Darby Lumber Company,” is not void and unenforceable against the maker thereof because the trade-name “The J. E. Darby Lumber Company” was not registered in the office of the clerk of the superior court in compliance with the Code, §§ 106-301, 106-302. The words “trading as The J. E. Darby Lumber Company,” appearing after the name J. E. Darby, were used merely as words of description, and did not make the note payable to “The J. E. Darby Lumber Company.” It appears from the face of the instrument that it was taken by the…