Titcomb v. Straight

Mr. Presiding Justice Waterman

delivered the opinion ov the Court.

This was an action by the indorsee of two promissory notes, bearing the signature of Titcomb & Pratt.

The appellant, Titcomb, filed his plea of the general issue with an affidavit of merits.

From the statements of his counsel, made during the trial of the cause and a brief here filed, it appears that appellant claimed as a defense, that his partner, Pratt, for his individual benefit, and not for the benefit of the firm, made the notes in question; that the firm received nothing therefor, and that the indorsee knew of this when he…