Shephard v. Calhoun

This was an action by Calhoun against Shephard, surviving partner of the banking firm of William Shephard & Co., composed of Shephard and Milton D. Bobbins, to recover the amount of a promissory note for $1000 in favor of Calhoun, which he had previously left with said banking firm for collection. The plaintiff below recovered, and Shephard appeals.

The question presented is one of fact.

The note was collected, and the point in dispute is, whether Calhoun was given credit for the proceeds on another $4000 note, which Wm. Shephard & Co. held for collection against Calhoun.

The proof shows that,…