Donnell v. McDonald

This was a suit on a promissory note, signed “ E. P. Donnell Mfg. Co., E. P. Donnell, proprietor.” The declaration averred that the defendant (E. P. Donnell) made the note in question by the name, style and description of “ E. P. Donnell Mfg. Co., E. P. Donnell, proprietor.” Defendant filed the general issue and an affidavit, stating in the latter that the note was obtained by one Clark from defendant’s bookkeeper by fraud and misrepresentation, that no consideration was paid for the same, and that it was obtained without appellant’s knowledge. On the trial the note was read in evidence…