Graham v. Troth

Defendant in error, who was plaintiff below, brought his action on a note for .$2000 in the capacity of trustee of an express trust, and recovered judgment, which the defendant seeks to have reviewed and reversed.

The defendant’s verified answer admitted the execution of the note and contained defensive matter. Upon the trial the note in suit was introduced in evidence, and its indorsement in blank by the payee thereof shown. Conceiving that he was required also to show the capacity in which he had brought the action, the plaintiff introduced in evidence a decree of the court of common pleas…