Cavitt v. A. B. James & Co.

McAdoo, J.,

on rehearing.—On a full rehearing and careful reconsideration of this case, we are satisfied that ‘ the former judgment in the case should be set aside and a different judgment rendered. In the former decision we treated the draft sued on as belonging to the assets of the firm of Brantly & Nations, and transferred by endorsement, after the dissolution of the partnership and *198death of Brantly, by the surviving partner, James Nations.

The evidence clearly shows that the draft formed no part of the assets of Brantly & Nations; that it was drawn after the dissolution of the partnership…