Smith v. Walker

Appellee brought suit in the court below against appellant, on a promissory note payable to the order of one C. C. Smith, alleging that at the time of the execution of the note to said appellee, the appellant, through inadvertence and the mutual mistake of the parties, wrote the name of said C. C. Smith, his father, as payee thereof, instead of appellee.

The complaint is in due form and properly alleges the execution of the note to appellee, with the exception of the mutual mistake of the parties in the name of the payee inserted therein. The note discloses on its face that it was executed as…