White Sewing Machine Co. v. Horkan

1. The White Sewing Machine Company brought suit against G. A. Horkan, alleging that he did business under the name of Horkan Trading Company, and that he was indebted to the plaintiff on an obligation attached to the petition, signed “Horkan Trading Companj', per W. B. Dukes.” There was a condition attached to this obligation, that through the doing of a subsequent act on the part of the Horkan Trading Company, the promise to pay might be discharged. At the first term of the court Horkan came in and on oath answered, setting up that he was not liable on the obligation, because “said note was…