Van Cott v. Sprague

McAllister, J".

In this suit Albert B. "Van Cott was sued in a justice’s court, jointly with David B. Van Cott, upon a promissory note purporting to be signed by D. B. Van Cott & Co., and while it was pending on appeal in the Circuit Court, appellant filed his affidavit denying any co-partnership with said David B. Van Cott, and denied the execution of the note. Before trial in the Circuit Court, that affidavit was stricken from the files by the court. On the trial before the court and a jury, said Albert B. Van Cott sought to contest the execution of the note, but the eourt excluded the…