Abernathy v. Reeves

James Reeves, Isaac Stevens, Francis Goode and William Phipps, describing themselves as “partners under the name of Reeves, Stevens Sf Go.,” sued Abernathy upon a promissory note, payable “to the order of Reeves, Stevens Sf Co.” To the complaint, the defendant answered—1. That each and every material allegation therein contained was untrue. 2. That the note was obtained by fraud, &c. 3. That the defendant, on the 20th of December, 1854, paid the plaintiffs 50 dollars on said note. Issues being made, the cause was submitted to the Court.

The note sued on was the only evidence adduced on the…