Grist v. Caldwell

The opinion of the Court was delivered by

Mr. Justice Marion.

The plaintiffs brought action on a promissory note against defendants, who in the title and caption of the complaint were designated and styled, “J. H. 'Caldwell and John E. Boyce, trading under the firm name of Caldwell & Boyce.” In the body of the complaint it was alleged that “the defendants made and delivered,” to the plaintiffs the note sued on. During the trial the presiding Judge, Hon. W. H. Townsend, permitted the plaintiffs to amend the foregoing allegation of the complaint by inserting after the word “defendants” the…