Pugh v. Eberlein

Opinion of'the Court by

Judge Quin

Affirming.

Recovery on a note for $1,000.00 was the relief sought i,n this action by the appellee. In the original petition judgment was asked against appellant individually and as trustee, but on motion, appellee elected to prosecute the action against appellant individually. Though the note was signed “W. A. Pugh, Trustee,” it was alleged the maker was to be bound personally and not otherwise. This was denied in the answer, the defense being that appellant had executed the note as trustee for his grandchildren and it was so understood by the appellee. The…