Sweet v. Garwood

This was a suit upon a due-bill in favor of the appellee, against the appellant, where the former recovered. The only question presented is, whether the suit was properly brought in the name of the appellee.

On the back of the due-bill there was the indorsement, in blank, of the name of the payee, the appellee.

At the trial below, the justice of the peace before whom the suit was originally brought testified, on behalf of the defendant, that the due-bill was left with him, for collection, by Mr. Sherfy, a member of the firm of D. Gardner & Co.; that he did not know who was the real owner at…