Barkdull v. Herwig

The opinion of the court was delivered by

Marr, J.

Appellees were interested as partners in the “ Pelican Mills Wadding and Batting Factory.” Herwig borrowed a sum of money from Barkdull, which belonged to Barkdull’s minor son; and this money was used for purchasing materials, machinery, etc., for the factory.

In January, 1872, some sort of settlement was made between Her-wig and Mrs. Smith, the result of which was that she was indebted to him in the sum of $5191 19, for which she executed her two promissory notes, of the same date, to hor own order, and by her indorsed in blank, both payable…