Stothard v. Aull

Opinion of the Court, delivered by

Scott, Judg°.

This was an action commenced by appellees against the appellant in a justice’s court on a promissory note, executed by one Clarke, for the appellant. On an appeal to the circuit court the appellees had judgment, to reverse which, this appeal has been taken. It appears that Clarke, who executed the note for the appellant, kept a grocery for him ; that the business was canned on in his, Clarke’s, name, but that the concern belonged entirely to the appellant; that Clarke was authorised to buy such things as were wanted for the grocery ; that he…