Milbank-Scampton Milling Co. v. Packwood

This is a suit on a promissory note executed hy defendants and payable to Mil-bank and Scampton, a co-partnership,' composed of J. P. Milhank and W. D. Scampton. The note was secured hy a mortgage on some store fixtures and a bakery stock. By agreement the makers turned over the mortgaged property to the plaintiff to he sold at private sale, the proceeds of the sale to he applied as payment on the note. The property sold for fifty dollars, which amount was applied as a credit on the note.

One of the partners, John T. Milhank, died and the partnership property was merged into a corporation,…